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2015 Supreme(Pat) 554

ASHWANI KUMAR SINGH
Ramadhar Rai – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner/s: Mr. Radha Mohan Singh, Adv., Mr. Pravin Kumar, Adv.
For the Opposite Party : Mr. Dr. Mayanand Jha, APP

JUDGMENT :

The present application under section 482 of the Code of Criminal Procedure (in short ‘the Code’) has been filed for quashing the order dated 24.11.2014 passed in Sessions Trial No. 446 of 2014 arising out of Kundwa Chainpur P.S.Case No. 93 of 2013 by the 4th Additional Sessions Judge, Motihari, whereby the application filed by the petitioners under section 227 of the Code for discharge has been dismissed.

2. The First Information Report of Kundwa Chainpur P.S.Case No. 93 of 2013 was registered for the offences punishable under sections 414, 411, 489A, 489-B, 489-C of the Indian Penal Code as well as 3 and 4 of the Foreign Exchange Regulation Act (in short ‘FERA’) on the basis of self-statement of SI Harendra Kumar, SHO, Kundwa Chainpur Police Station recorded by himself at 11.00 a.m. on 08.09.2013 at Kundwa Chainpur Police Station. According to the allegations made in the First Information Report, a police raiding team, led by the informant Harendra Kumar, intercepted the petitioners, who were coming on a Hero Honda Motorcycle bearing Registration No. BR-05B-9081 on 08.09.2013 at about 7.00 a.m. near Indo-Nepal border at Pundeo Chowk situated near Kundwa Chainpur Police S



































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