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2019 Supreme(Pat) 172

AHSANUDDIN AMANULLAH
Pashupati Bagchi, son of late Bmala Kant Baghchi – Appellant
Versus
State Of Bihar – Respondent


Advocate Appeared:
For the Petitioners:Mr. Anand Kumar Ojha with Mr. A.K. Karna and Mr. Ashok Kumar, Advocates
For the O.P. :Mr. Jharkhandi Upadhyay, APP, Mr. J.P. Bhagat with Mr. Bijendra Kumar Singh, Advocates

JUDGMENT :

1. 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 the instant application is being filed for quashing the entire Criminal Proceeding arising out of K. Hat P.S. Case No. 247/2012 dated 04.05.2012 under section 420, 467, 468, 415, 471 IPC lodged by the O.P. No. -2 in abuse of the process of court in as much as that despite totally civil nature of allegation the criminal prosecution has been chosen with malicious intention and to cause harassment to the innocent Petitioner even though on the similar allegation against the Petitioner the police had already submitted final report declaring such allegations to be matter of civil dispute.”

3. The allegation against the petitioner and two others is that the petitioner showing himself to be the nephew of the recorded tenant had sold lands to the other two co-accused.

4. Learned counsel for the petitioner submitted that from the entire reading of the complaint case, it would be apparent that the ma





























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