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2015 Supreme(Pat) 1349

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


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Udit Narayan Singh
For the Opposite Party : Ms. Madhuri Lata

JUDGMENT :

Heard learned counsel for the petitioners and learned counsel for the State.

2. By way of the present application under Section 482 of the Code of Criminal Procedure (For short “Cr.P.C.”), the petitioners seek quashing of the order dated 07.05.2015 passed by the learned 1st Assistant Sessions Judge, Siwan in S. Tr. No. 144/2013 arising out of M.H. Nagar (Daraunda) P.S. Case No. 152/2013 by which the petition dated 16.04.2014 filed under Section 228 Cr. P.C. has been rejected.

3. The prosecution case, in short, is that on 03.08.2013 while the informant Ayub Khan was going to the house after purchasing certain articles at 3:00 p.m. the petitioners abused him. When he objected, they assaulted him with lathi, iron rod and other weapons as a result of which, he sustained injuries on his head, knee and other parts of the body. When his two sons, namely, Md. Adil Khan and Md. Akib Khan intervened in order to save him, they were also assaulted with lathi and danda.

4. In view of the allegations made in the written report submitted by the informant, Md. Ayub Khan, M.H. Nagar (Daraunda) P.S. Case No. 152/2013 was registered under Sections 147, 148, 149, 323, 307 and 504 of the Indian











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