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2023 Supreme(Pat) 987

SANDEEP KUMAR
Navjot Singh Sidhu – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Ramakant Sharma, Sr. Adv., Rakesh Kumar Sharma, Santosh Kumar Pandey, Amresh Kumar.
For the State : Mr. Jharkhandi Upadhyay, APP.

Sandeep Kumar, J. – Heard senior learned counsel for the petitioner and learned APP for the State.

Re.: Interlocutory Application No. 1 of 2023

2. This Interlocutory Application has been filed challenging the order dated 12.10.2022 passed by learned ACJM-I, Katihar, by which the learned Magistrate has taken cognizance against the petitioner for the offence under Section 188 of the Indian Penal Code and Section 123 of the Representation of People Act, 1951.

3. For the reasons mentioned in the Interlocutory Application No. 1 of 2023, the same is allowed.

4. Accordingly, the petitioner is permitted to challenge the cognizance order dated 12.10.2020.

Re.: Cr. Misc. No. 13494 of 2023

5. The present application has been being filed for quashing the FIR bearing PS Barsoi Case No. 93 of 2019 dated 16.04.2019, instituted for the offences punishable under Section 188 of the Indian Penal Code and Sections 123 (3) and 125 of the Representation of People Act, 1951. The Case is presently pending in the Court of learned ACJM, Katihar.

6. Subsequently, after investigation charge sheet has been submitted and the learned A.C.J.M., Katihar has taken cognizance of the offences punishable under Section 188 of

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