AMARESHWAR SAHAY
Radheshyam Goswami – Appellant
Versus
State Of Jharkhand – Respondent
Amareshwar Sahay, J.
1. Heard.
2. The prayer of the petitioner in this writ application is for quashing of the F.I.R. dated 27.04.2005 registered as Jharia P.S. Case No. 185/05 corresponding to G.R. No. 1221/05 under Sections 420/120-B of the Indian Penal Code against the five named accused persons including the petitioner Radheshyam Goswami.
3. Mr. V. Shivnath, learned Counsel appearing for the petitioner vehemently argued mainly on two grounds for quashing of the present F.I.R.. Firstly, that even if the allegations made in the F.I.R. is taken to be correct in its face value, no offence whatsoever under Section 420/120-B of the Indian Penal Code is made out against the petitioner and secondly that the present F.I.R. was hit be Section 162 Cr.P.C. because with regard to the same occurrence, one Nitesh Agarwal had already submitted a complaint to the Officer Incharge, Jharia Police Station which has already been entered in Station Diary Entry and therefore, for the same occurrence, the institution of present F.I.R. was bad in law.
4. In support of his submissions, Mr. V. Shivnath, learned Counsel for the petitioner has relied on decisions (S.W. Palanikar and Ors. v. State of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.