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2016 Supreme(Jhk) 17

RAVI NATH VERMA
Md. Zakir Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjay Prasad, Advocate.
For the State : Mr. Vikas Kishore, A.P.P.
For the Opposite Parties :Mr. Birendra Kumar, Advocate.

ORDER :

1. Invoking the revisional jurisdiction of this Court under Sections 397 and 401 of the Code of Criminal Procedure (in short the Code), the petitioners have questioned the legality of the order dated 26.07.2013 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 679 of 2002 whereby and whereunder the petition filed by the petitioners for their discharge under Section 245 of the Code has been rejected.

2. The facts of the case, which is relevant for the proper adjudication of the issue involved in this revision application, in short, is that at the instance of the opposite party no. 2 Pramod Kumar @ Mantu Saw, the aforesaid complaint case was filed with the allegation that the opposite party no. 2 has been running cable operator network business under the name and style of “Shiv Shakti Dish Antina” having its control room-cum-Office at his residence under valid licence as per regulation/ordinance and the complainant had given the cable network to different subscribers/customers at their residences and had also appointed sub-cable operators in different areas of Dhanbad Township from whom complainant had been realizing fixed monthly subscription. The












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