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2019 Supreme(Pat) 169

AHSANUDDIN AMANULLAH
Krishna Bihari Singh Son of late Parikha Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjay Kumar Tiwary, Advocate.
For the Respondent:Mr. Baxi S. R. P. Sinha, Sr. Advocate with Mr. Babunandan Prasad, Mr. Ashutosh Tripathi Advocates, Mr. Jharkhandi Upadhyay, APP.

JUDGMENT :

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

2. Pursuant to order dated 29.11.2018, the opposite party no. 2 is also present in Court.

3. 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 this is an application for quashing the order dated 9.11.2015 passed in complaint Case No. 1143 of 2015 (T.R. No. 736 of 2015) passed by learned Additional Chief Judicial Magistrate, Rohtas at Sasaram whereby and whereunder learned Additional Chief Judicial Magistrate, Rohtas at Sasaram pleased to took cognizance against all petitioners under sections 504, 506, 406 of the Indian Penal Code.”

4. The petitioner no. 1 is the father-in-law of the opposite party no. 2 (complainant) and petitioners no. 2 and 3 are sons of petitioner no. 1. The allegation against them is of taking Rs. 3,50,000/- and not returning the same and further of threatening with dire consequences demanding further money.

5. Learned counsel for the petitioners submitted that the present case has been filed on 25.08.2015 as a counter bl































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