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2014 Supreme(Pat) 933

ASHWANI KUMAR SINGH
Md. Waris – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Bhanu Pratap Singh, Advocate
For the State: Mr. Matloob Rub, A.P.P.

Judgment

These petitions filed under section 482 of the Code of Criminal Procedure for quashing the order dated 4th January, 2007 made by the learned Chief Judicial Magistrate, Aurangabad by which he has summoned the petitioners in complaint case no.673 of 2006, have been heard together and are being disposed of by a common order.

2. At the outset, it is relevant to note that despite valid service of notice upon opposite party no.2 and despite repeated calls none has appeared on his behalf.

3. Heard Mr. Bhanu Pratap Singh, learned counsel for the petitioners and Mr. Matloob Rub, learned Additional Public Prosecutor for the State.

4. The complainant (opposite party no.2), Abdul Razak, has filed complaint case no.673 of 2006 in the court of the Chief Judicial Magistrate, Aurangabad, Bihar on 4th September, 2005 in respect of an occurrence which is alleged to have taken place on 3rd September, 2006 at about 5 p.m. The petitioner, Bibi Husne Ara, wife of late Haroon Rashid is daughter-in-law of opposite party no.2. It has been alleged in the complaint that earlier the petitioner Bibi Husne Ara had admitted that the complainant (opposite party no.2) had never executed any gift deed in her f


























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