Citation : 2023 Latest Caselaw 3268 Jhar
Judgement Date : 30 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 281 of 2023
Tarun Daga ..... ... Petitioner
Versus
1. The State of Jharkhand.
2. Rajesh Kumar ..... ... Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Indrajit Sinha, Advocate.
: Mr. Ajay Kumar Sah, Advocate.
For the State : Mr. Deepankar, A.C. to G.A.-III.
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04/ 30.08.2023 This petition has been filed for quashing of the entire criminal proceedings including the order taking cognizance dated 17.11.2022, in connection with Complaint Case No. 5390 of 2022, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur.
2. Learned counsel appearing for the petitioner submits that so far as the other three co-accused persons are concerned, the same complaint was the subject matter in W.P.(Cr.) No. 193 of 2023 and W.P.(Cr.) No. 227 of 2023 respectively, which were decided on 11.07.2023 and the entire criminal proceedings including the order taking cognizance were directed to be quashed. He submits that the case of the petitioner has not been closed by the learned court.
3. It appears that the entire proceedings have already been quashed and in the said order it has not been specified that the same has been quashed for only three persons of that case only. As such, the case of the petitioner is covered in view of the judgment of this court dated 11.07.2023 passed in W.P.(Cr.) No. 193 of 2023 and W.P.(Cr.) No. 227 of 2023 and the case of the petitioner is on the identical footing and the said order dated 11.07.2023 will govern the case of the petitioner also.
4. In view of the above, the entire criminal proceedings including the order taking cognizance dated 17.11.2022, in connection with Complaint Case No. 5390 of 2022, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur, so far as this petitioner is concerned, are hereby, quashed.
5. Accordingly, this petition is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.) Amitesh/-
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