Subodh Kumar Singh vs The State Of Jharkhand
2023 Latest Caselaw 3602 Jhar

                                    1

     IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        Cr.M.P. No. 781 of 2010

    Subodh Kumar Singh                   .....   ....   ...Petitioner
                                Versus
    1.The State of Jharkhand
    2. Sunil Kumar Thakur                .............. Opp. Parties.
                              With
                        Cr.M.P. No. 1102 of 2010

    Subodh Kumar Singh                   .....   ....   ...Petitioner
                                Versus
    1.The State of Jharkhand
    2. Sunil Kumar Thakur                .............. Opp. Parties

     CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                              ------

For the Petitioners: Mr. Amit Kumar Das, Advocate ( In both the cases) For State : Mr. Rajesh Kumar, A.P.P.

(in Cr.M.P. No. 781/2010) Mr. Fahad Allam, A.P.P.

( in Cr.M.P. No. 1102 of 2010) For the O.P. No.2 : Mr. Vikash Kumar, Advocate (in both the cases).

.............

14/ Dated:-21.09.2023

1. Since both the cases have been tagged together

considering that petitioners and O.P. No.2 are same and in view of

that both the petitions are being heard together with the consent of

the parties.

Cr.M.P. No. 1102 of 2010

2. This petition has been filed for quashing the entire

criminal proceeding in connection with P.C. 1 Case No. 31 of 2010

including the order dated 17.07.2010 whereby cognizance has been

taken against the petitioner under sections 467 and 511 of the I.P.C.

3. Learned counsel for the petitioner submits that the

allegations are made that the cheque which is subject matter in

Complaint Case No. 926/2010 was stolen by the O.P. No.2 for that

present case has been filed. He submits that subsequently the said

complaint case has been tried and the O.P. No.2 has been convicted

by judgment dated 15.05.2012 pursuant to that appeal was

preferred by the O.P. No.2 which has been dismissed by judgment

dated 04.03.2016.

4. Learned counsel for the O.P. No.2 accepts this position

that in the said case the O.P. No.2 has been convicted.

5. Learned counsel for the State submits that conviction is

there.

6. In view of above facts and considering that in the

present case wherein allegations are made with regard to stolen of

cheque and it appears that in the trial wherein O.P. No.2 has been

convicted, the present case was filed maliciously. Further the said

judgment of trial has been affirmed in view of that the entire

criminal proceeding in connection with P.C. 1 Case No. 31 of 2010

including cognizance order dated 17.07.2010, are quashed. Pending

I.A, if any, stands disposed of. Interim order is vacated.

Cr.M.P. No. 781 of 2010

7. This petition has been filed for quashing the order

dated 27.04.2010 passed in P.C. Case No. 147/2009 whereby

cognizance has been taken against the petitioner under sections

406, 420, 467, 468, 323, 447 and 120-B of the I.P.C.

8. After some arguments, Mr. Amit Kumar Das, learned

counsel for the petitioner seeks permission to withdraw this petition

with liberty to take all the grounds at appropriate stage.

9. Learned counsels for the State and O.P. No.2 have

got no objection.

10. Accordingly, this petition is dismissed as withdrawn

with the aforesaid liberty. Pending I.A, if any, stands disposed of.

Interim order is vacated.

11. This is simple withdrawal and there is no order on

merit, in view of that all the grounds shall be considered without

being prejudice by this order.

(Sanjay Kumar Dwivedi, J.) Satyarthi/-