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2015 Supreme(Jhk) 650

RAVI NATH VERMA
Devendra Kumar Agarwalla – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the petitioners:Mr. Anil Kumar Sinha Sr. Advocate ( in W.P.(Cr.) No.- 138 of 2015), Mr. N.K.Agrawal, Sr.Advocate, M/s. Saurav Agrawal & Kumar Manish, Advocates (in W.P.(Cr.) No.- 239 of 2015), M/s. Indrajit Sinha & Ajay Kumar Sah, Advocates ( in all cases)
For the State: Mr. Ram Nivas Roy, G.P-III, Jalisur Rahman, JC to GP-III (in W.P.(Cr.) No. 138 of 2015), Mr. Abhya Kumar Mishra, SC-III & Manoj Kumar Choubey,J.C. to SC III (in W.P.(Cr.) No. 239 of 2015) & Mr. Bhawesh Kumar, S.C.II and Mr. Pran Pranay, J.C. to SC –II ( in W.P.(Cr.) No. 241 of 2015)
For the Respondent no.2: - M/s. Ashok Kumar Yadav & Rajiv Ranjan, Adv.

JUDGMENT :

The petitioners of the above three criminal writ petitions have invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with prayer to quash the entire criminal proceeding arising out of Complaint Case No. 2703 of 2014 including the order taking cognizance dated 04.03.2015 whereby the learned Judicial Magistrate, Dhanbad has held that there is sufficient materials on the record for further proceeding against all the accused persons under Sections 323, 341, 403, 406, 417, 421, 423, 424, 465 and 120-B I.P.C. and under Section 465 of I.P.C. against one of the accused Naveen Tulsiyan.

2. The factual score as depicted in the complaint petition is that the complainant and accused persons nos. 1 to 5 of the complaint petition are own brothers and co-sharers of a joint Hindu Family and for better functional control of the ever expanding wealth of the joint family, management and control of the hotch-pot over different assets were given to different family members to act as a custodian. Adarsh Kumar Agarwalla and Devendra Kumar Agarwalla- the accused no.1 and 2 respectively were made the Directors of M/s Anup Malleables Ltd. and other








































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