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2015 Supreme(Jhk) 801

RAVI NATH VERMA
Sanjay Pandey – Appellant
Versus
State of Jharkhand – Respondent


Advocate Appeared:
For the Petitioner:Ms. Rashmi Kumari, Advocate.
For the State: Mr. Moti Gope, A.P.P.
For the Informant:M/s. Sanjay Kumar Pandey and Anurag Kumar, Advocates.

JUDGMENT

RAVI NATH VERMA, J.

1. The petitioners by filing this revision application has questioned the legality of the order dated 25.06.2014 passed by the Judicial Magistrate, 1st Class, Koderma in G.R. Case No. 309 of 2012 arising out of Jainagar P.S. Case No. 54 of 2012 whereby and whereunder the petition filed by the petitioners for their discharge under Section 239 of the Code of Criminal Procedure (in short ‘the Code’), has been rejected.

2. It is necessary to give brief background of the case:-

At the instance of the complainant Deepak Singh, a complaint case was filed, which was subsequently referred by the Chief Judicial Magistrate, Koderma to the concerned police station under Section 156(3) of the Code for institution of a case with allegations that the land of Khata no. 12, plot no. 112, area 4.42 acres of Mouza-Mayadih, Koderma was recorded in the name of Pemal Pandey as receiver of Bakast Lagan in the survey Khatiyan but as the land in question was relinquished by the ancestors of the petitioners, the said land was subsequently settled in the name of Durga Singh and during his lifetime, the Jamabandi was created in respect of the aforesaid land in the name of Adhin Si










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