Sunil Kumar @ Sunil Poddar Sunil Kumar vs Central Bureau Of Investigation (Cbi) ...
2024 Latest Caselaw 9374 Jhar

Jharkhand High Court

Sunil Kumar @ Sunil Poddar Sunil Kumar vs Central Bureau Of Investigation (Cbi) ... on 20 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No. 2419 of 2024
       Sunil Kumar @ Sunil Poddar Sunil Kumar
       Poddar, aged about 38 years, son Jyotindra
       Poddar, Resident of Civil Lines, Behind
       Shanti Niketan, Near Nandan Pahar, P.O.
       and P.S. Deoghar Town, District Deoghar.
                                                    .....   ...     Petitioner
                                  Versus
      Central Bureau of Investigation (CBI)          ..... ...     Opposite Party
                               --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate.

                               :        Mr. Nishant Roy, Advocate.
      For the CBI              :        Mr. Anil Kumar, A.S.G.I.
                               :        Ms. Chandana Kumari, A.C. to A.S.G.I.
                               :        Mr. Kumar Swapnil, A.C. to A.S.G.I.
                               ------
02/ 20.09.2024     Heard learned senior counsel appearing for the petitioner
       and learned ASGI for the CBI.

2. Prayer in this petition is made for quashing of the entire criminal proceeding including order dated 26.05.2017 whereby cognizance has been taken under Sections 120-B r/w 201, 379, 409, 461, 462 & 477 of the I.P.C. and Section 13(2) read with 13(1) (d) of the P.C. Act, 1988 in connection with R.C. Case No. 13(S) 2013-D, pending in the Court of learned Special Judge, C.B.I. Dhanabd-cum- 11th District and Additional Sessions Judge, Dhanbad.

3. Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioner submits that the co-accused Dhrub Narayan Parihast @ Dhrub Narayan Parihast has moved before this court in Cr.M.P. No. 2575 of 2021, wherein by order dated 07.11.2023, the entire criminal proceedings have already been quashed. He submits that the petitioner is also on identical footing, in view of that the entire criminal proceeding against the petitioner also may kindly be quashed. He further submits that in the said order all the facts and other orders of different courts have been considered and thereafter the said order was passed.

4. Learned A.S.G.I. appearing for the CBI fairly submits that the case of the petitioner is covered in light of the order passed by this court in Cr.M.P. No. 2575 of 2021 vide order dated 07.11.2023.

5. In view of the above submissions of the learned counsel

appearing for the parties, the court finds that the case of the petitioner is covered in light of the judgment passed by this court in Cr.M.P. No. 2575 of 2021 vide order dated 07.11.2023, wherein the entire criminal proceedings have been quashed so far as the petitioner of that case is concerned.

6. Accordingly, the entire criminal proceeding including order dated 26.05.2017 whereby cognizance has been taken under Sections 120-B r/w 201, 379, 409, 461, 462 & 477 of the I.P.C. and Section 13(2) read with 13(1) (d) of the P.C. Act, 1988 in connection with R.C. Case No. 13(S) 2013-D, pending in the Court of learned Special Judge, C.B.I. Dhanabd-cum-11th District and Additional Sessions Judge, Dhanbad, are hereby, quashed so far as this petitioner is concerned.

7. This petition is allowed and disposed of in the above terms.

(Sanjay Kumar Dwivedi, J.) Amitesh/-