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2022 Supreme(Pat) 875

PARTHA SARTHY
Neeraj Prasad Gond @ Neeraj Kumar Gond – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s D.K. Sinha, Sr. Adv., Km. Shashi Bala Verma.
For the Resp. nos. 1 to 5 : Ms. Divya Verma.
For the Resp. nos. 6 : Mr. Satyendra Pandey.

Partha Sarthy, J.—Heard learned counsel for the parties.

2. The petitioner has filed the instant application for directing the respondent-authorities to keep and verify the footage of CCTV camera situated at the place of occurrence and wherein the entire occurrence dated 11.2.2020 has been recorded and further for quashing of the order dated 18.5.2020 passed by the learned Chief Judicial Magistrate, Kaimur at Bhabua whereby process under section 82 Cr.P.C. has been issued.

3. The prosecution case in brief is that Bhabua P.S. Case no. 94 of 2020 was registered on 11.2.2020 under sections 379, 341, 323, 324, 504, 506 and 34 of the Indian Penal Code on the statement of the respondent no.6. It was stated by the informant that on 11.2.2020 at 12.30 pm when her husband went out to urinate, the accused Niraj Prasad Gond and his brother Santosh Prasad Gond assaulted her husband as a result of which he fell down injured. On the informant going to her husband’s rescue, she was also assaulted by the accused persons and her gold chain was snatched. Deena Prasad Gond reached there and started to abuse them.

4. It is submitted by learned Senior counsel appearing for the petitioner that the story as

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