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2016 Supreme(Pat) 369

ASHWANI KUMAR SINGH
Munni Kuwar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Nageshwar Prasad Singh, Advocate.
For the State : Mritunjay Kumar, A.C. to SC- 23.
For the Respondents:Yogesh Chandra Verma, Vikramdeo Singh, Birendra Kumar and Krishna Mohan Murari (in person), Advocates.

JUDGMENT :

Ashwani Kumar Singh, J.

By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner had initially prayed for quashing of the First Information Report vide Patna Sadar Jakkanpur P.S.Case No. 430 of 2013 dated 10.12.2013 registered under Sections 406, 420 and 120-B of the Indian Penal Code (for short 'IPC'). However, during pendency of the writ application since the Police completed investigation of the case and submitted its report under Section 173(2) of the Code of Criminal Procedure (for short 'Cr.P.C.') in the court of the Judicial Magistrate, 1st Class, Patna vide Police Report No. 219/14 dated 25.07.2014, pursuant to which the learned Judicial Magistrate 1st Class, Patna took cognisance for the offence punishable under Section 420/34 IPC and summoned the petitioner and her son-in-law Surendra Sah to face trial vide order dated 11.08.2014, the petitioner has filed an Interlocutory Application, vide I.A. No. 1316 of 2015, seeking quashing of the aforesaid police report dated 25.07.2014 and the order dated 11.08.2014 passed by the learned Judicial Magistrate 1st Class, Patna.

2. The Respondent No.6, Mr. Krishna Mohan























































































































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