Kanchan Jaiswal vs The State Of Jharkhand
2023 Latest Caselaw 2621 Jhar

                                     1

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr.M.P. No. 1571 of 2012

  Kanchan Jaiswal                                  ...........Petitioner
                         Versus
  1.The State of Jharkhand
  2. Ashok Kumar Chaturvedi                          ...........Opp. Parties

 CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

 For the Petitioner : Mr. Radhey Shyam, Advocate
 For the State      : Mr. Vijay Kr. Sinha, A.P.P.
                    .............

05/ 04.08.2023 Heard Mr. Radhey Shyam, learned counsel for the petitioner

and Mr. Vijay Kumar Sinha, learned counsel for the State.

2. By order dated 23.08.2012 notices were directed to be issued

upon O.P. No.2. Notice has been effected upon the O.P. No. 2. Thereafter

the matter was listed on 28.02.2022, 27.07.2022 and 16.06.2023

however till date the O.P. No. 2 has not appeared. It appears that O.P.

No.2 has lost interest.

3. This petition has been filed for quashing the F.I.R. in connection

with Lalpur P.S. Case No. 85 of 2010, corresponding to G.R. No. 1582 of

2010 and also for quashing of order dated 30.06.2012 whereby non-

bailable warrant of arrest has been issued against the petitioner,

pending in the Court of learned Judicial Magistrate, Ist Class, Ranchi.

4. Learned counsel for the petitioner submits that one Ashok

Kumar Chaturvedi lodged an F.I.R. against Bishwajeet Dey, Ranbir Singh

and Rohit Gupta alleging therein that the main accused Bishwajeet Dey

has asked certain amount from the informant towards admission of his

son in Medical College and accordingly he had paid Rs. 14 lakhs to the

main accused Bishwajeet Dey and it is also alleged that his friends

Ranbir Singh and Rohit Gupta @ Bunty also helped him in cheating the

informant and accordingly, the case was registered.

5. Learned counsel for the petitioner further submits that the

petitioner has no role and there is no allegation against the petitioner

and only on the basis of application of Investigating Officer non-bailable

warrant of arrest has been issued against the petitioner. He further

submits that so far accused Bishwajeet Dey and Rahul Gupta are

concerned they have faced the trial and by judgment dated 27.09.2012

Bishwajeet Dey has been convicted under section 420 of the I.P.C. and

accused Rahul Gupta has been acquitted on the basis of compromise

between Rahul Gupta and informant.

06. It appears that even in the supplementary chargesheet this

petitioner was not made accused and the main accused has already been

convicted by the said judgment.

7. Learned counsel for the State was not able to justify the action

of police officer.

8. Accordingly, the order dated 30.06.2012 passed in connection

with Lalpur P.S. Case No. 85 of 2010, corresponding to G.R. No. 1582 of

2010 is set aside.

9. This petition stands disposed of. Pending I.A. if any, stands

disposed of. Interim order is vacated.

( Sanjay Kumar Dwivedi, J.)

satyarthi/