Manoj Kumar Vishwakarma vs The State Of Jhrakhand
2022 Latest Caselaw 756 Jhar

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            IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2923 of 2021

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1.Manoj Kumar Vishwakarma, aged about 31 years, s/o Rajdeo Vishwakarma

2.Santosh Kumar Vishwakarma, aged about 28 years, s/o Rajdeo Vishwakarma

3.Mantosh Kumar Vishwakarma, aged about 25 years,s/o Rajdeo Vishwakarma, all are r/o Village-Bairiya, PO and PS Daltonganj, District Palamau, Jharkhand ..... Petitioners

-- Versus --

1.The State of Jhrakhand

2.Anil Kumar Singh, s/o late Ram Jatan Singh, r/o Mohalla-TV Tower Road, Bairiya, PO and PS Daltonganj, District Palamau, Jharkhand ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Sheo Kumar Singh, Advocate For the State :- Mr. M.K. Mishra, Advocate

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4/28.02.2022 This petition has been filed for quashing the order dated

07.10.2021 passed by the learned Sessions Judge, Palamau at Daltonganj

in connection with Criminal Revision No.7/2020 whereby he has been

pleased to affirm the order dated 07.01.2020 passed by the learned

Judicial Magistrate, 1st Class, Palamau at Daltonganj in connection with

Complaint Case No.1295/2017 and rejected the discharge petition filed

by the petitioner dated 05.12.2019.

Mr. Sheo Kumar Singh, the learned counsel appearing on

behalf of the petitioners submits that for the same occurrence one

proceeding under section 107 Cr.P.C was initiated and inspite of dropped

the order in the said proceeding, the complaint case has been filed. He

submits that the revision order is not in accordance with law.

The learned revisional court has discussed the allegations

against the petitioners and has discussed about the enquiry and the

statement of the complainant on solemn affirmation and other four

complaint witnesses. The learned revisional court has come to the

conclusion that the learned trial court after going through the materials

on record and thereafter dismissed the petition of discharge. In the

complaint it has been disclosed that the accused persons have

intimidated, insulted and assaulted the complainant. The learned

revisional court has also considered the judgment of Hon'ble Supreme

Court in the case of State Tr. Insp. Of Police v. A. Arun Kumar and

Another reported in 2015 1 East India Cr.Cases 450 SC where the scope

of section 227 of the Cr.P.C has been considered. The reasons have been

assigned by the revisional court. There is no merit in the petition and

accordingly, Cr.M.P.No.2923 of 2021 is dismissed.

I.A., if any, disposed of accordingly.

( Sanjay Kumar Dwivedi, J)

SI/