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2017 Supreme(Pat) 1357

ASHWANI KUMAR SINGH
Dhirendra Pratap Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dhirendra Kumar Jha, Niraj Kumar, Ravi Kumar Singh
For the Respondents: Jharkhandi Upadhyay

JUDGMENT :

Ashwani Kumar Singh, J.

1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant-opposite party No. 2.

2. The present application under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed for quashing the order dated 13.04.2012 passed by the learned Judicial Magistrate, 1st Class, Jamui in Complaint Case No. 1171 of 2011 whereby he has taken cognizance of the offences punishable under Sections 323 and 504 of the Indian Penal Code and Section 3(1)(vi) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act') and summoned the petitioner to face trial.

3. A typed complaint was filed on 19.12.2011 by the complainant-opposite party No. 2 Bahadur Manjhi of village-Sonpai, P.S. and District-Jamui in the court of Chief Judicial Magistrate, Jamui stating inter alia that he is a labourer and occasionally works at Dhamna Kothi. On 18.12.2011, at 8:00 a.m., the petitioner-accused Kumar Dhirendra Pratap Singh, who being relative of the owner of Dhamna Kothi frequently used to visit his place asked the complainant to take his bag to Tempo stand. On h


































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