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2018 Supreme(Pat) 1008

SANJAY PRIYA
Anil Kumar Ray – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Harsh Singh, Adv., B.K. Mishra, Adv.

JUDGMENT :

Sanjay Priya, J.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 27.11.2015 passed by the Judicial Magistrate, 1st class, Chapra, in Enquiry No.196 of 2015 arising out of Complaint Case No.2077 of 2015 by which the learned Magistrate after holding enquiry has found prima facie case against the Petitioner and Others for the offence under Section(s) 406, 420/34 Indian Penal Code.

2. Heard learned counsel for the parties.

3. Petitioner has challenged the order of cognizance mainly on the ground that for the same cause of action Opposite Party No.2 has earlier filed Complaint Case against father of the Petitioner vide Complaint Case No.502 of 2014 levelling specific allegation that amount of award has been received by the father of this Petitioner after making certain interpolation and submitting wrong document. During pendency of the earlier complaint, father of the Petitioner died. Thereafter, second complaint (instant case) has been filed against the Petitioner and Others, who are sons and wife of accused of earlier case, levelling same allegation that money has been illegally received by the Petitioner and Othe













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