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2024 Supreme(Pat) 284

CHANDRA SHEKHAR JHA
Binod Kumar Son of Late Chunnu Sah @ Chunnu Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rakesh Kumar Soni, Advocate
For the Opposite Party :Mr. Kumar Ajit Singh, Advocate, Mr. Akash Kumar Mishra, Advocate, Mr. Harendra Prasad, APP

JUDGMENT :

Chandra Shekhar Jha, J.

1. The present application preferred for quashing the order of cognizance dated 19-07-2015/20- 07-2015 passed by learned Judicial Magistrate Vaishali at Hajipur, in Tr. No.163/15 arising out of Complaint Case No. 529 of 2015, whereby and where under the learned Magistrate took cognizance for offence under sections 323, 379, 384 and 504 of the Indian Penal Code against petitioner.

2. The short facts giving rise to the present case are that one Sunil Kumar (O.P. No. 2) filed a complaint Case in the Court of learned Chief Judicial Magistrate, Vaishali vide C.A. No. 529/2015 alleging there in that the father of the Opposite party no.2 had made an registered agreement on 18-1-1993 in his life time, in which all the brothers and legal heirs were made parties and accordingly Binod Kumar (petitioner) was appointed for realization of rent as well as maintenance of the Soni Alankar Complex. Shop of said complex was given on rent with consent of all the parties and realized rent would be equally distributed among the parties. It is further alleged that Binod Kumar (petitioner) executed a lease agreement with the L.I.C as well as UCO Bank without consent of othe

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