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2008 Supreme(Jhk) 559

AMARESHWAR SAHAY
Swaraj Thackeray alias Raj Thackeray – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared
M/s. Y. V. Giri, Sr. Adv., S. D. Nangre, Pandey Neeraj Rai, for Petitioner; M/s. Rajesh Kumar, D. K. Bharati, for State

ORDER :- The prayer of the petitioner in this application is to quash the entire criminal proceedings and also the order dated 11-04-2007 taking cognizance of the offences under Sections 153A, 153B and 504 of the Indian Penal Code in Complaint Case No. C/1-382/2007 pending before the Court of Sri B. C. Awasthi, Judicial Magistrate, 1st Class, Jamshedpur.

2. The facts of the matter are that the O. P. No. 2 Sudhir Kumar, a lawyer of Civil Court Jamshedpur and spokesman of a political party namely R. J. D., filed a complaint case before the Chief Judicial Magistrate, Jamshedpur against the petitioner Swaraj Thackeray alias Raj Thackeray making the following allegations :-

"In the night of 9th March 2007 at about 10.30 p.m. when the complainant was in his office, he was informed that the petitioner herein has made certain derelictory, defamatory, unconstitutional and illegal statements at a public meeting in Mumbai, which was being relayed by the T. V. channels. The complainant switched-on his Television set and then he could find from one news channel that the accused/petitioner had made certain comments upon the residents of North India specifically against Bihari Community who were re







































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