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2019 Supreme(SC) 389

A.M.SAPRE, DINESH MAHESHWARI
Devendra Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Amit Pawan, Advocate
For the Respondent:Mr. Gaurav Agrawal, Advocate and Mr. Devashish Bharuka, Advocate

JUDGMENT :

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 09.08.2017 passed by the High Court of Judicature at Patna in Crl. M. No. 35751 of 2014 whereby the High Court allowed the application filed by respondent No. 2 herein under Section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C.) and quashed the order dated 21.01.2014 passed by the Judicial Magistrate 1st class, Patna in Complaint Case No. 1063 (c) of 2013 by which the Magistrate had taken cognizance of the complaint filed by the appellant herein against respondent No. 2 for commission of the offences punishable under Sections 323, 341, 379 and 504 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").

3. A few relevant facts need mention here-in-below for the disposal of this appeal, which involves a short point.

4. The question, which arises for consideration in this appeal, is whether the High Court was justified in quashing the complaint filed by the appellant (complainant) against respondent No. 2 holding that there was no prima facie case made out against respondent No. 2 for issuance of the process of the summons to him











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