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2007 Supreme(Jhk) 413

DABBIRU GANESHRAO PATNAIK
Chintamani Pandey – Appellant
Versus
State Of Bihar (Now Jharkhand) – Respondent


JUDGMENT

D.G.R. Patnaik, J.

1. By the instant revision application, the petitioner has challenged the propriety of the order dated 18.9.1998 passed by the Sri S.P. Pandey, Judicial Magistrate, 1st Class, Dhanbad, in connection with CP Case No. 176 of 1989, whereby the prayer of the petitioner for his discharge under Section 245 Cr.P.C., was dismissed and the petitioner was directed to face trial for offences under Sections 420 and 406 of the Indian Penal Code.

1.1 The main ground in support of the prayer is that even if accepting the entire allegations in the application, no offence either under Section 420 or 406 IPC is made out against the petitioner. Further ground is that considering the facts admitted by the complainant and the witnesses, the court at Dhanbad has no territorial jurisdiction to try the case against the petitioner.

2. For better appreciation of the grounds advanced by the petitioner, the facts of the case may be briefly stated.

2.1 The case against the petitioner and others was registered on the basis of the complaint filed by the opposite party No. 2 before the learned court below alleging inter alia that the complainant and the accused persons were known to each ot







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