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2019 Supreme(Pat) 17

AHSANUDDIN AMANULLAH
Sukhdeo Bhagat – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Lala Sachindra Kumar, Adv., Rajesh Kumar Sharma, Adv., Jharkhandi Upadhyay, Adv.

JUDGMENT :

Ahsanuddin Amanullah, J.

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

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

"That the petitioners, by this application seek quashing of order dated 24/2/2012 passed by Dr. Ram Lakhan Yadav, Additional Sessions Judge Ist, Madhepura in Cr. Rev. No. 24 of 2011 affirming the order dated 21/9/2010 passed by Sri A.Kumar, Judicial Magistrate Ist Class, Madhepura in complaint case being C-45/2010/ T. R. No. 3791 of 2010, taking cognizance under Sections 147/323/504/420/423/467/468 and 471 of the Indian Penal Code against the petitioners on the basis of a complaint petition filed by opposite party no. 2."

3. The allegation against the petitioners is of transferring lands belonging to the opposite party no. 2.

4. Learned counsel for the opposite party no. 2 raised a preliminary objection with regard to maintainability of the application for the reason that upon the complaint, the Judicial Magistrate had taken cognizance which the petitioners challenged in
















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