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2005 Supreme(Jhk) 87

HARI SHANKAR PRASAD
K. K. Sharan – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

H.S. Prasad, J.

1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal case against the petitioners being Bermo P.S. Case No. 134/96, dated 16.10.1996 under Sections 447/304-A/337/338/286/288, IPC and also the subsequent charge-sheet No. 122/98, dated 11.12.1998 under Sections 447/304-A/337/286, IPC including the cognizance order dated 2.1.1999.

2. The case of the prosecution in brief in that on the fardbeyan of the opposite party No. 2, a case being Bermo P.S. Case No. 134/96 was registered under the aforesaid sections and it is further stated that on 16.10.1996 at 8.50 a.m. the informant received an information on telephone that in prohibited area of CCL open cast, while digging mitti (earth), some rocks fell on mitti and some persons have died and some persons are injured. On receiving this piece of information, after making entry in daily diary No. 396/96 the informant proceeded for verification along with SI, T.P. Singh, ASI Surajdeo Singh, Radha Mohan Rai, Hoshila Tripathi and Urman Turi and reached at the place of accident at about 8.50 hours and saw three dead bodies of women buried by boulders and mitti in





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