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2021 Supreme(SC) 630

M. R. SHAH, A. S. BOPANNA
SRIPATI SINGH (SINCE DECEASED) THROUGH HIS SON GAURAV SINGH – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates appeared:
For the Appellant(s) :Gaurav Dhingra, Advocate
For the Respondent(s):Raj Kishor Choudhary, Rajiv Singh, Vishnu Sharma, Abhishek, Advocates

JUDGMENT :

A.S. Bopanna, J.

1. The appellant is before this Court assailing the order dated 17.12.2019 passed by the High Court of Jharkhand at Ranchi in Criminal M.P. No.2635 of 2017 and Criminal M.P. No.2655 of 2017. Through the said order, the High Court has allowed the said Crl.Miscellaneous Petitions and has set aside the orders dated 04.07.2016 and 13.06.2019 passed by the Judicial Magistrate First Class, Palamau in Complaint Case No.1833 of 2015. The learned Judicial Magistrate by the order dated 04.07.2016 had taken cognizance of the offence alleged against the respondent No.2 herein. By the order dated 13.06.2019 the learned Judicial Magistrate had rejected the petition filed by the respondent No.2 seeking discharge in the said criminal complaint.

2. The brief facts leading to the present case as pleaded is that the appellant and the respondent No.2 are known to each other inasmuch as the respondent No.2 and the daughter of the appellant were pursuing their education together in London. On their return to India, the respondent No.2 had settled in Bangalore and due to the earlier acquaintance, the cordial relationship amongst the families had continued. The respondent No.2 on

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