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2011 Supreme(Jhk) 291

D.K.SINHA
Debashish Mohanty – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioners M/s Satyaprakash Sinha, Prashant Pallava.
For the State Mr. Md. Hatim.
For the Opp. Party No. 2 : Mr. Arvind Kr. Choudhary.

JUDGMENT

D.K. Sinha, J.-Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the Deoghar Town P.S. Case No. 96/2010 which was registered on 15.3.10, arising out of P.C.A. Case No. 133/2010, by which the petitioners were alleged to have committed offence under Sections 379/384/34 of the Indian Penal Code. It was further requested for quashment of the entire criminal proceedings of the petitioners arising out of the said case.

2. The complainant filed P.C.R. Case No. 133/2010 before the C.J.M., Deoghar narrating, inter alia, that he had purchased Earth- Mover J.D. 3155 model of TAT A Company with the financial assistance from TATA Motors Finance in the month of July, 2007 and the vehicle was registered vide Registration No. JH-15-D-3504. The complainant further narrated that he had to pay back the dues to the TATA Motors Finance in thirty-six equal installments in three years with the condition that TATA Company would remove technical defects if cropped up during one year of warranty period since the date of purchase, with the arbitration clause in the 'Irrevocable Power of Attorney'. The complainant alleg
















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