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2001 Supreme(Jhk) 88

D.N.PRASAD
Dhruva Narayan Sinha – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

D.N. Prasad, J.

1. This criminal revision application is directed against the order, dated 27.5.1997 passed by 4th Additional Sessions Judge, Hazaribagh, in Criminal Revision No. 97 of 1997, whereby and whereunder, the learned Additional Sessions judge set-aside the order of dismissal of complaint under Section 203 of the Code of Criminal Procedure (the Code) passed by the Judicial Magistrate, 1st Class, Hazaribagh, on 18.3.1997 in Complaint Case No. 481 of 1996.

2. The short facts of the complaint case as alleged is that the complainant and the petitioners are co-sharers and are residing in different portions of the same house which is an ancestral property of both the parties. It is further alleged that on 1.9.1996 at about 9 a.m., the accused persons/petitioners forcibly entered into the house of the complainant of which the wife of the complainant protested and she also informed her husband, who was present at his medicine shop but the accused persons in the meantime started assaulting the wife of the complainant and also took away a box containing clothes and Rs. 5,000/-. The complainant and other witnesses also reached to the spot and saw the occurrence. Accordingly the








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