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2019 Supreme(Pat) 501

AHSANUDDIN AMANULLAH
Rajesh Mishra, Son of Ramesh Chandra Mishra – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Opposite Partys : Mr. Jharkhandi Upadhyay, APP.

JUDGMENT :

Nobody appears on behalf of the petitioners. Learned APP for the State has been heard.

2. The petitioners have moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:

“That, this application is being filed on behalf of the petitioners above named for quashing the order dated 01.06.2013 passed by Mrs. Rachna 1st Raj, the learned Judicial Magistrate, Class, Jehanabad in Trial No. 3185 of 2013 arising out of Protest-cum-Complaint Case No. 506 (C) of 2012, whereby and where under the learned Magistrate has been pleased to take cognizance against the petitioners under Sections 384 of the Indian Penal Code.”

3. The allegation against the petitioners is of committing fraud with regard to the loan papers of opposite party no. 2complainant and also of threatening to destroy and kill the family. Further, the allegation is also with regard to demand of Rs. 10-15 lakhs by way of extortion.

4. The opposite party no. 2 had initially filed Makhdumpur PS Case No. 332 of 2011 on 25.09.2011, in which the police after investigation submitted Final Report on 10.02.2012, stating that the case was of civil nature. In the meantime, the opposite party no.

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