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2024 Supreme(Pat) 126

JITENDRA KUMAR
Mulla Mahmood Yahiya – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Ajay Kumar Thakur, Md. Imteyaz Ahmad.
For the Opp. Parties : Mr. Uday Pratap Singh, APP.

ORDER

The present petition under Section 482 CrPC has been preferred by the petitioners against the impugned order dated 07.07.2015 passed by Ld. Additional Sessions Judge, Begusarai in Cr. Revision No. 171/2015 and order dated 10.09.2015 passed by Sri Rakesh Kumar, Ld. Judicial Magistrate, 2nd Class, Begusarai.

2. The relevant facts as emerging from the record are that Criminal Complaint bearing No. 15150©/2014 was filed by OP No.2, Manoj Devi against petitioners for offence punishable under Sections 420, 467, 468 read with 34 IPC in the court of Ld. Chief Judicial Magistrate, Begusarai.

3. It further transpires that Ld. Chief Judicial Magistrate after examining one witness, transferred the complaint under Section 192 CrPC to the court of Ld. Judicial Magistrate, 2nd Class, Begusarai for enquiry and trial. In course of the enquiry, Ld. Judicial Magistrate examined four witnesses and found prima facie case under Section 417 IPC against the petitioners, and, hence, he directed issuance of summons against them. The complainant, who is OP No. 2, Manoj Devi, being aggrieved by the order, preferred Cr. Revision bearing 171/2015 which was allowed by the Ld. Additional Sessions Judge, Begusa

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