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2017 Supreme(Pat) 999

SANJAY PRIYA
Ram Jatan Yadav, s/o Late Khargal Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Bimal Kumar, Advocate
For the Opposite Party :Mr. Surendra Kumar, APP, Mr. Mrityunjay Kumar, Advocate

JUDGMENT :

1. These applications under Section 482 of the Code of Criminal Procedure have been filed for quashing the order dated 25.02.2011 passed by the Chief Judicial Magistrate, Katihar, in Kursela P.S. Case No.79 of 2009 by which the learned Magistrate has taken cognizance against the petitioners under Section(s) 323, 429, 379, 435, 436, 506/34 Indian Penal Code.

2. As per written report lodged by the informant and other persons, as named in the written report, they got the land by Govt. of Bihar through red card and the government gave them possession over the aforesaid land. They are cultivating the land and also constructed thatched houses. The accused persons, who are muscleman and antisocial, had forcibly cut the crop cultivated by the informant and other accused persons, as named in the written report, and also set the thatched houses and Machans on fire. The accused person also assaulted and abused the informant and other persons and gave threat to kill them and looted away all the crops worth rupees one lac. The accused persons made demand of rupees ten thousand from each red card holders to give them possession over the land.

3. The police on the basis of written report















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