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2008 Supreme(Jhk) 422

AMARESHWAR SAHAY
Radhika Raman Prasad Singh – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

Amareshwar Sahay, J.

1. Heard the parties.

2. The prayer of the petitioners in this application is for quashing the entire criminal proceedings arising out of Sadar P.S. Case No. 381/1999 (G.R. No. 1711/1999) mainly on the ground that the CID who took up the investigation of the case submitted final report under Section 173,Cr PC finding the case to be maliciously false and, therefore, continuance of the prosecution in which the cognizance has been taken by the learned Magistrate under Sections 376, 386 and 120-B, IPC against the accused persons is an abuse of the process of the Court.

3. The relevant facts are that the respondent No. 2 Smt. Asha Singh lodged a first information report on 9.10.1999 against the accused persons namely, Anil Kumar (her brother-in-law), Kamini (her sister) and her father and mother for the alleged commission of the offences under Sections 376, 386 and 120-B of the Indian Penal Code. The FIR was registered as Hazaribagh Sadar P.S. Case No. 381/1999 under Sections 376, 386 and 120-B, IPC.

4. The allegations in the FIR in short are that the petitioner No. 2 was married to her elder sister on 17th June, 1981. After her marriage her sister developed illici







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