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2021 Supreme(Jhk) 525

SANJAY KUMAR DWIVEDI
Syed Sadru Zama @ Syed Sadru @ Sadru Jama, son of late Samsul Zoha – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ashim Kumar Sahani, Advocate
For the Respondent:Mr. P.D. Agarwal, Spl.P.P., Mr. Sarju Prasad, Advocate

JUDGMENT :

Heard Mr. Ashim Kumar Sahani, the learned counsel, appearing on behalf of the petitioners, Mr. Sarju Prasad, the learned counsel appearing on behalf of the O.P.No.2 and Mr. P.D. Agarwal, the learned counsel appearing on behalf of the State.

2. The petitioners have filed this petition for quashing the order taking cognizance dated 28.02.2014, passed by learned Judicial Magistrate, 1st Class, Hazaribagh in Protest-cum-Complaint petition No.1748 of 2012 whereby by way of disagreeing with the Final Form submitted by the police after investigation the order of cognizance has been taken under section 341, 323, 427 and 452 IPC read with Section 3(1)(x)(xi)(xv) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities), Act, 1989. The First Information Report was lodged on the following terms:

    “That, the allegations contained in the First Information Report inter alia is that the petitioner no.1 filed a Civil Suit being Title Suit No.125 of 1989 against the complainant and others which was decreed ex-parte due to lack of proper prosecution and thereafter the petitioners used to stop construction work and in pursuance of such decree, the petitioner no.1 got delivery of po

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