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2019 Supreme(Pat) 12

AHSANUDDIN AMANULLAH
Ritesh Tiwary @ Ashutosh Tiwari – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Rabindra Nath, Advocate, Shaheen Begum, Advocate

JUDGMENT :

Ahsanuddin Amanullah, J.

Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for the following relief:

"That this is an application for quashing order dated 25.5.2015 taking cognizance against the petitioner of offences under sections 380 and 457/149 who has been made and accused under section 380,457,147,149 of Indian Penal Code in the Complaint Case No. 263 of 2015 pending in the court of Sri Sandip Patel, Judicial Magistrate, 1st Class, Jehanabad."

3. The allegation against the petitioner and eight others is of collectively breaking the lock of the room of the opposite party no. 2 (complainant) and taking away various materials and specifically against the petitioner of prompting the other accused to commit the crime.

4. Learned counsel for the petitioner submitted that this is a classic case of how the process of the Court is abused by instituting false and frivolous criminal cases for oblique purposes. It was submitted that the petitioner along with other family members,





















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