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2021 Supreme(Jhk) 728

SANJAY KUMAR DWIVEDI
Vijay Kumar Yadav @ Vijay Yadav, S/o. Rakesh Yadav – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amitabh.
For the Opposite Parties : Ms. Snehlika Bhagat, A.P.P., Mr. Rakesh Kumar.

ORDER :

Sanjay Kumar Dwivedi, J.

Heard Mr. Amitabh, the learned counsel for the petitioner, Ms. Snehlika Bhagat, the learned State counsel and Mr. Rakesh Kumar, the learned counsel for the O.P.No.2.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. By way of filing this petition, the petitioner has prayed for quashing the First Information Report lodged in Sadar (Palamau) Sahar PS Case No.219/2016 dated 01.09.2016 registered under section 120(B), 406, 420 and 34 of the IPC pending in the court of learned Chief Judicial Magistrate, Palamau, Daltonganj. The First Information Report was lodged by the Opposite Party no.2-informant stating that a total sum of Rs.3,28,000/- was taken by the petitioner for obtaining a dealership of organic manure. However, the dispute arose and the FIR was lodged.

4. Mr. Amitabh, the learned counsel for the petitioner submits that now the amount in question has been paid over to the O.P.No.2 by way of bank draft w

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