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2021 Supreme(Jhk) 799

ANUBHA RAWAT CHOUDHARY
Hridayendra Kumar, Son of Late Rabindra Prasad – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nilesh Kumar, Advocate
For the Respondent:Mr. P.P.N. Roy, Mr. Pandey A.N. Roy, Mr. Md. Hatim, Advocate

JUDGMENT :

Heard Mr. Nilesh Kumar, learned counsel appearing on behalf of the petitioners.

2. Heard Mr. P.P.N. Roy, learned Senior counsel along with Mr. Pandey A.N. Roy, learned counsel appearing on behalf of the opposite party no. 2.

3. Heard Mr. Md. Hatim, learned counsel appearing on behalf of the opposite party- State of Jharkhand.

4. This criminal revision petition has been filed challenging the legality, propriety and correctness of the order dated 19.03.2019 passed in Cri. Misc. Application No. 1007/2018 (S.T. Case No. 113 of 2017) whereby the application filed by the petitioners under Section 227 of the Code of Criminal Procedure for discharge been rejected and the case was fixed for framing of charge. The case arises out of Complaint Case No. 51 of 2007 said to be pending before the court of learned Addl. Judicial Commissioner-VII, Ranchi.

5. The learned counsel for the petitioners submits that initially First Information Report was instituted and submission of final form indicated defect of facts. The complainant filed a protest petition on 12.09.2006 and in the protest, prima-facie case for offence under Section 302/34 of Indian Penal Code was found and cognizance was taken.

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