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2019 Supreme(Pat) 537

ASHWANI KUMAR SINGH
Vikram Kumar Tiwary @ Vikram Kumar – Appellant
Versus
State Of Bihar through Director General of Police – Respondent


Advocates Appeared:
For the Petitioner: M/s Jagdish Prasad, Alok Kumar Alok
For the Respondent: Mr. M. Nasrul Huda Khan

JUDGMENT :

Ashwani Kumar Singh, J.

Heard learned counsel for the petitioner.

2. This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondent-authorities to take proper action in connection with Trial No. 533 of 2017 arising out of Complaint Case No. 2001 of 2013 pending before the learned Judicial Magistrate, 1st Class, Muzaffarpur in which processes under Sections 82 and 83 of the Code of Criminal Procedure (for short 'Cr.P.C.') have been issued against respondent no. 7.

3. Learned counsel appearing for the petitioner submitted that the complaint was filed in the court of Chief Judicial Magistrate, Muzaffarpur on 29.07.2013 under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. Vide order dated 29.07.2013 itself, the learned Chief Judicial Magistrate, Muzaffarpur transferred the case to the court of Shri Mithilesh Kumar, Judicial Magistrate, 1st Class, Muzaffarpur under Section 192 of the Cr.P.C. for inquiry and disposal of the case in accordance with law. Thereafter, the statement of the complainant was recorded on oath under Section 200 of the Cr.P.C. In course o

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