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2019 Supreme(Pat) 566

AHSANUDDIN AMANULLAH
Yogendra Prasad, son of Late Mahadeo Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Atul Chandra, Adv.
For the Respondent: Mr. Sanjeev Kumar, Mr. Shantanu Kumar, A.P.P.

JUDGMENT :

Heard learned counsel for the petitioners and learned counsel for opposite party no. 2.

2. Nobody appeared on behalf of the State.

3. 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 reliefs :

    “For quashing of the order dated 28.02.2013 passed by the learned Judicial Magistrate, Ist Class, Bettiah (West Champaran).”

4. The opposite party no. 2 has filed the complaint against the petitioner alleging that a piece of land he had got from one Dilip Kumar, who is the son of petitioner no. 1 and on which he was in possession, was forcibly ploughed by the petitioner and the petitioner no. 1 also fired upon opposite party no. 2 which did not hit him and that the petitioner also assaulted him and took away Rs. 1,000/-from the pocket of the opposite party no. 2.

5. Learned counsel for the petitioner submitted that the whole story is false and concocted. It was submitted that the other son of the petitioner no. 1, namely, Dilip Kumar had sold part of the ancestral property in favour of opposite party no. 2 without there being any formal partition and, thus, to create pressure on the peti

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