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2019 Supreme(Pat) 55

AHSANUDDIN AMANULLAH
Chhatrabali Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Sheikh Arkan Ahmad, Adv., Aditya Narayan Singh, Adv., S.N. Choudhary, Adv.

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

1. 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:

"This is an application for quashing the order dated 3.10.2012 passed in complaint case no.-484/11/2423/12 by Sri Girish Mishra the learned Judicial Magistrate 1st Class Nawada whereby and where under cognizance has been taken against the accuse persons for the offences u/s 341/323/380 of the Indian Penal Code."

3. The allegation against the petitioners is that they had forcibly broken into the house of the opposite party no. 2, demanding extortion of Rs. 20,000/- and the petitioner no. 1 taking Rs. 2,000/- from the pocket and also of general assault. It is further alleged that five boxes containing Rs. 10,000/- cash; gold worth Rs. 1,25,000/-; silver worth Rs. 20,000/-; clothes worth Rs. 20,000/- were also taken away and the womenfolk took away Television worth Rs. 10,000/- and C.D. worth Rs. 5,000/-, the total worth of goods and articles taken being Rs. 1,90,000/-.





















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