Vivek Agarwal @ Vivek Agarwalla vs The State Of Jharkhand
2024 Latest Caselaw 1003 Jhar

Jharkhand High Court

Vivek Agarwal @ Vivek Agarwalla vs The State Of Jharkhand on 1 February, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr.M.P. No. 1530 of 2018
                    Vivek Agarwal @ Vivek Agarwalla         ... Petitioner
                                          -Versus-
               1.   The State of Jharkhand
               2.   Triloki Singh                           ... Opposite Parties
                                                -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----

               For the Petitioner        : Mr. Lukesh Kumar, Advocate
               For the State             : Mrs. Ruby Pandey, A.P.P.
               For O.P. No.2             : Mr. Nishant Kumar Roy, Advocate
                                                -----
12/01.02.2024        This petition has been filed for quashing of the entire criminal

proceeding including the FIR bearing Dhansar P.S. Case No.112/2017, dated

27.05.2017, corresponding to G.R. Case No.1973/2017, pending in the Court

of the learned Judicial Magistrate, 1st Class, Dhanbad.

2. Mr. Lukesh Kumar, learned counsel for the petitioner submits that the

entire case has already been quashed by a coordinate Bench of this Court,

which was filed by another co-accused person, namely, Dipak Kumar

Sanwaria in Cr.M.P. No.1078 of 2023 vide judgment dated 16.05.2023. He

submits that in view of that, appropriate order may kindly be passed.

3. Mr. Nishant Kumar Roy, learned counsel for opposite party no.2

submits that the judgment of the coordinate Bench is there.

4. By the said judgment, the entire criminal proceeding has been

quashed and in that judgment, it has not been disclosed that the judgment

is restricted for the petitioner in Cr.M.P. No.1078 of 2023 only.

5. In view of that, the case of the present petitioner is governed in light

of the judgment passed in Cr.M.P. No.1078 of 2023, dated 16.05.2023.

6. Accordingly, this petition is disposed of.

7. Interim order, if any granted by this Court, is vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/