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2007 Supreme(SC) 103

S.B.SINHA, MARKANDEY KATJU
Harishchandra Prasad Mani – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

Markandey Katju, J.—Leave granted.

2. This appeal has been filed against the impugned judgment of the Jharkhand High Court dated 6/5.5.2006 passed in Writ Petition (Cr) No. 234 of 2005.

3. Heard learned counsel for the parties and perused the record.

4. It appears that one Suresh Chandra Sinha, respondent No. 2 in this appeal, filed Criminal Complaint being Complaint Case No. 946/2001 before the Chief Judicial Magistrate, Hazaribagh, which was sent by the CJM under Section 156(3) Cr.P.C. to the Police directing it to register a case and investigate it. Accordingly, the Police instituted an FIR being Ramgarh P.S. Case No. 311/2001 under Sections 302, 201, 328 and 120-B IPC against the appellants.

5. The allegation in the FIR in short was that the son of the informant Rajnish Kumar was married to accused Monika Mani (appellant No. 2 herein), and she had developed illicit relationship with the accused named in the FIR namely, Prabhat Kumar Srivastava. The accused Monika, daughter-in-law of the informant was in the habit of spending money unnecessarily and she used to put undue pressure on her husband for wasteful expenditure. The son of the informant was of a very docile nature












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