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2021 Supreme(Jhk) 234

SHREE CHANDRASHEKHAR
Chandra Bhushan Ojha, S/o Late Raghunath Ojha – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mrs. Ritu Kumar, Advocate
For the State : Mr. Shekhar Sinha, P. P

JUDGMENT :

The petitioner has challenged the order dated 21.03.2016 by which cognizance of the offence under sections 465, 466, 467, 477 read with section 34 of Indian Penal Code has been taken. By the same order, Chandra Bhushan Ojha and Smt. Kiran Devi @ Singh were directed to appear before the Court on 09.05.2016 - summons are issued to the accused.

2. On the basis of a written report vide letter dated 19.09.2005 of District Additional Registrar, Deoghar a First Information Report was lodged against Chandra Bhushan Ojha and Smt. Kiran Devi @ Singh vide Deoghar Town P.S Case No. 292 of 2005. By an order dated 12.12.2013 the learned Chief Judicial Magistrate, Deoghar took cognizance of the offence and ordered summons against them. Aggrieved by that order, Smt. Kiran Devi @ Singh approached Sessions Court in Criminal Revision No. 01 of 2014. The order taking cognizance dated 12.12.2013 was set-aside by Sessions Court vide order dated 08.08.2014. The main reason why Sessions Court interfered with the order dated 12.12.2013 appears to be a misconception that the Magistrate can take cognizance only upon a protest petition duly registered.

3. In the order dated 08.08.2014 the learned Sess

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