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2023 Supreme(Pat) 852

JITENDRA KUMAR
Nawab Alam – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Bhola Kumar.
For the O.P. No.1 : Mr. Upendra Kumar, APP.
For O.P. No.2 : None.

ORDER

The present petition, under Section 482 CrPC, has been preferred by the petitioners against impugned order dated 13.04.2015 passed by Ld. Additional Sessions Judge-VI, Patna city, Patna whereby the Cr. Revision No. 751/2013, filed by Opposite Party No.2, has been allowed to the prejudice of the accused persons, who are petitioners herein, without giving any opportunity to them for hearing.

2. The relevant facts as emerging from the record are that a criminal complaint was filed by one Md. Sharique Ahmad who is Respondent No.2 herein against accused persons, namely, 1. Nawab Alam, 2. Musarrat Nawab, 3. Kahkashan Nawab, 4. Sayama Nawab and 5. Fahad Nawab who are petitioners in the present petition.

3. However, after enquiry, Ld. SDJM, Patnacity dismissed the complaint under Section 203 CrPC vide order dated 21.10.2013 passed in C.A. Case No. 1106/2012. Being aggrieved by the aforesaid order of Ld. SDJM, the complainant preferred the aforesaid Cr. Revision No. 751/2013 before Sessions Court, Patna which was allowed by the impugned order dated 13.04.2015 setting aside the order dated 21.10.2013 passed by Ld. SDJM in CA. No. 1106/2012 and directing Ld. SDJM to conduct fresh inquiry a

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