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2012 Supreme(Pat) 1670

RAJENDRA KUMAR MISHRA
Jyoti Bhushan Tarkeshwar Tiwary – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
M/s Bibhuti Prasad Pandey, P.K. Sinha, S.C. Giri, For the Petitioners; Mr. Dashrath Mehta, For the State; Mr. Bishnu Kant Dubey, For the O.P. No.2.

ORDER

Criminal Misc. No.42469 of 2008, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners for quashing the order dated 2.8.2008 passed in Complaint Case No.1270(C) of 2008 by Smt. Arti Kumari Singh, Judicial Magistrate, First Class, Patna, summoning the accused-petitioners, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Sections 406, 420 and 120-B of the Indian Penal Code. Criminal Misc. No.17125 of 2010, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners for quashing the order dated 18.10.2009 passed in Complaint Case No.1270(C) of 2008 by Smt. Arti Kumari Singh, Judicial Magistrate, First Class, Patna, rejecting the application filed on behalf of the accused-petitioners under Section 245 of the Code of Criminal Procedure for discharge. Since both the applications have been filed against the orders impugned passed in the same complaint case, hence, both the applications have been heard together and are being disposed of by this common order.

2. In brief, the facts leading to this application are that the complainant-opposite party no.2, Dinesh K

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