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2012 Supreme(Pat) 1125

BIRENDRA PRASAD VERMA
Harendra Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Barun Kumar Choudhary, Lalit Narayan Jha, Navin Prakash.
For the State of Bihar : Mr. Satyendra Narayan Singh.
For the Opp. Party : M/s Kanhaiya
Nos. 2 to 22 Prasad Singh, Chandra Mohan Jha.

ORDER

Heard learned counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and learned Senior counsel appearing on behalf of the accused opposite party nos. 2 to 22.

2. The petitioner by filing the present revision application has questioned the validity and correctness of order dated 28.9.2007 passed in Fatuah P.S.Case No. 240/2004 dated 7.12.2004 by the learned Additional Chief Judicial Magistrate, Patna City, whereby while accepting the final form dated 9.12.2005 submitted by the police, he has rejected the protest-cum-complaint petition filed on behalf of the petitioner and thereby, has discharged all the accused persons from the criminal prosecution.

3. The facts involved in the present case lie in a very narrow compass. The fardbeyan of the petitioner was recorded on 7.12.2004 by the police, wherein he stated that opposite party nos. 2 to 22 have committed crime of murder with respect to two persons namely, Jai Prakash Rai and Pramod Rai. Other incidental allegations were also made in the aforesaid fardbeyan. On the basis of the aforesaid fardbeyan of the petitioner, Fatuah P.S.Case No. 240 of 2004 dated 7.12.2004 for











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