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2007 Supreme(Jhk) 302

D.G.R.PATNAIK
Ajay Kr. Jain @ Ajay Kr. Kala @Ajay Kumar Jain – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared
For the Petitioners: Mr. Pandey Neeraj Rai.
For the State Mr. M.A. Khan.
For the O.P. No.2: M/s R.S. Mazumdar, S.K. Ughal.

Order

Petitioners have invoked the inherent Jurisdiction of this court under section 482 of the Code of Criminal Procedure, pray19 for quashing the entire criminal proceeding pending against them vide Complaint Case No. 1207 of 2006 in the Court f Manoj Chandra Jha, Judicial Magistrate, Hazaribagh as also for quashing the order dated 23.11.2006 passed in the said proceeding, whereby the learned court below had taken cognizance for the offences under sections 498-A, 323 and 504 of the Indian Penal Code against the petitioners.

2. The prayer for quashing is based upon two distinct and separate grounds he first ground relates to the territorial jurisdiction of the learned court below to entertain and continue with the proceeding and the second ground relates to the ea that since the institution of the case the complainant-opposite party was with ala fide intention and by way of revenge by to harass the petitioners, its continuance will amount to abuse of the process the court.

3. The case against the petitioners was registered on the basis of the complaint filed by the complainant/opposite party no. 2 alleging inter alia that the marriage of the opposite party no. 2 was solemnized with t






















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