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2020 Supreme(Jhk) 115

ANANDA SEN
Nirmal Chandra Mahato – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. N.K. Sahani, Advocate.
For the Respondent: Mr. Birendra Burman, A.P.P.

JUDGMENT :

1. Heard the learned counsel for the parties.

2. By way of filing this petition, the petitioners have challenged the order dated 27.2.2019 passed by the learned Judicial Magistrate, 1st Class, Bokaro in G.R. NO. 1700 of 2015(S) (arising out of Harla P.S. Case No. 116 of 2015, whereby, the discharge petition, filed by the petitioners under Section 239 Cr.P.C. has been dismissed.

3. Counsel for the petitioners submits that no reasons have been assigned in the order impugned as to why discharge petition has been rejected. He further submits that what are the materials to frame charge under Sections 323, 379 and 354 IPC have also not been mentioned in the order impugned, when it is the specific case of the petitioners that as per the case diary, Dy. S.P., Bokaro has found that there is no element to attract the provisions of Sections 323, 379 and 354 IPC against the petitioners.

4. After the hearing of the submissions of the counsel for the parties and after going through the record, I find that discharge petition filed by the petitioners has been dismissed. Chargesheet was submitted under Sections 420, 406, 467, 468, 120B/34 IPC and Sections 76/79 of the Chit Fund Act and Secti

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