Citation : 2023 Latest Caselaw 1864 Jhar
Judgement Date : 1 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 438 of 2022
1. Rewati Raman Das
2. Sharat Chandra Das
3. Yogesh Chandra Das
4. Pappu Kumar Das ... Petitioners
-Versus-
1. The State of Jharkhand
2. Pankaj Das ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. A.K. Rashidi, Advocate For the State : Mr. Devesh Krishna, S.C. (Mines)-III
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06/01.05.2023 This petition has been filed for quashing the entire criminal proceeding including the FIR being Dhanbad P.S. Case No.34 of 2021, pending in the court of the learned Chief Judicial Magistrate, Dhanbad.
2. Mr. Rashidi, learned counsel appearing for the petitioners submits that respondent no.2 has filed many cases against the petitioners unnecessarily and filing of the present case is abuse of process of law. On this ground, he submits that the entire criminal proceeding may kindly be quashed.
3. The Court has looked into the contents of the FIR. The allegation is made by respondent no.2 that he is working as Security Guard in Rajendra Sarovar Park and in the night at about 04:30 a.m., three to four persons entered into the said park and started quarreling with the informant and they have also threatened that if you identify any of the person, you will be implicated in false case. There is further allegation of assault against the petitioners. There are parameters of quashing the FIR. This case is not covered in view of the judgment passed by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal and others; [1992 Supp (1) SCC 335].
4. Accordingly, this petition is dismissed.
(Sanjay Kumar Dwivedi, J.) Ajay/
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