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2013 Supreme(Cal) 77

ASIM KUMAR RAY
Mir Md. Asfia – Appellant
Versus
Mir Md. Ismail – Respondent


ORDER

1. This application under Section 401 read with Section 482 of Criminal Procedure Code is directed against an order dated 29-3-2004 passed in Criminal Motion No. 109 of 2003 by learned Additional District Judge, Second Court, Burdwan which arise out of an order dated 1-7-2003 passed in GR Case No. 852 of 1997 corresponding to Ausgram Police Station Case No. 52 of 1997 dated 23-6-2007 under Sections 143/147/148/447/379/411 of the Indian Penal Code by learned Sub-Divisional Judicial Magistrate, Burdwan.

2. The petitioner filed a petition of complaint against the opposite parties before the learned Chief Judicial Magistrate, Burdwan. It was sent to the Officer-in-Charge, Ausgram P.S. for investigation after treating the same as First Information Report under Section 156(3) of Cr. P.C. As a result Ausgram P.S. Case No. 52 of 1997 dated 23-6-2007 cropped up. On investigation charge-sheet was submitted against three opposite parties, namely Mir Md. Ismail, Mir Abdul Salim alias Mir Md. Salim and Mir Abdul Halim alias Mir Md. Halim. The rest opposite parties were not sent up as accused in the charge- sheet. They were discharged.

3. Charge under Sections 147/148/149/447/379 of Indian P












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