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2019 Supreme(Pat) 677

AHSANUDDIN AMANULLAH
Chandra Shekhar Pd. Singh @ Chandra Shekhar Singh, Son of Late Kamaldhari Singh – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ajay Kumar Thakur and Mr. Nilesh Kumar, Advocates
For the State : Mr. Rana Randhir Singh, A.P.P.

JUDGMENT :

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Despite service of notice on opposite party no. 2 and learned counsel entering appearance and name of learned counsel also printed in the cause list, nobody appeared when the case was taken up and heard.

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

    “That, this is an application for quashing the order dated 16.5.2015 passed by learned Judicial Magistrate, 1st Class, Khagaria in Complaint Case No. 1199C/12 by which the learned Magistrate was pleased to hold that a prima facie case is made out against the petitioner for facing trial for the offences under sections 435, 427, 379 of the Indian Penal Code.”

4. The opposite party no. 2 had initially filed Complaint Case No. 357C of 2010 against the petitioners alleging that they had demanded extortion of Rs. 10,000/-and had forcibly cut and taken away the paddy crops and had also burnt part of the crops and while doing so, they had snatched golden chain from the neck of the opposite party no. 2 worth Rs. 10,000/-, ring worth Rs. 8,000/-, wrist watch worth Rs. 2,500/-and Rs. 5,

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