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2022 Supreme(Jhk) 654

SANJAY KUMAR DWIVEDI
Jagdeo Kumar Oraon, S/o. Late Dasai Oraon – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Indrajit Sinha.
For the State/Opp. Party : Mr. Vibhuti Sahay, Mr. Mukesh Kumar.

JUDGMENT :

1. This petition has been filed for quashing of the entire criminal proceeding in connection with C.P.Case No.104 of 2016, including the order dated 04.02.2017 passed by learned Judicial Magistrate, 1st Class, at Bokaro, whereby cognizance under section 420 read with section 34 of the Indian Penal Code has been taken on the complaint filed by the Opposite party no.2 and summons have been issued against the accused person including the petitioner, pending in the court of Judicial Magistrate, 1st Class, at Bokaro.

2. O.P.No.2 has filed the complaint, alleging therein that:

The opposite party no.2 namely Ambuj Choudhary filed a complaint before the court of Chief Judicial Magistrate, Bokaro, on 04.02.2016. The same was registered as C.P.Case No.104 of 2016. The petitioner herein has been arrayed as an accused no.5 in the said complaint case. The allegation in short, is that the accused nos.1 to 3 by misrepresenting themselves as the legal heirs and representatives of the recorded tenant of the land pertaining to Plot No.460, Khata No.55, Village Rangamatiya, Thana Chandankiyari, Thana No.254, District Bokaro, measuring 29.25 acres have executed a Sale Deed dated 12.11.2015 i

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