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2015 Supreme(Pat) 1084

ASHWANI KUMAR SINGH
Shyam Lohia – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr. Mritunjay Kumar, Advocate
For the Opposite Partys : Mr. Jharkhandi Upadhayay, APP

JUDGMENT :

By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), the petitioners seek quashing of the order dated 17.10.2014, passed by the learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in G. R. Case No. 3280 of 2013/ Tr. No. 4687 of 2014, arising out of Goroul P. S. Case No. 256 of 2013 dated 31.07.2013, registered under Section 395 of the Indian Penal Code (for short “IPC”), whereby the Sub-Divisional Judicial Magistrate, Vaishali at Hajipur rejected the application dated 09.10.2014 filed by the petitioner no. 1 for grant of permission to sell the released goods (16 refrigerators), on the ground that refrigerators are material exhibits and in case they are sold, the prosecution would not be able to produce them at the time of adducing evidence.

2. Goroul P.S. Case No. 256 of 2013 was registered on the basis of oral statement of one Vikash Kumar, driver of the truck bearing Registration No. BR-1GA-0635, which was recorded by the Sub-Inspector of Police at 7.30 a.m. on 31.07.2013 in the Goroul police station.

3. In his oral statement, the informant in presence of Khalasi of the truck Shashi Kumar stated th
























































































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