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2022 Supreme(Jhk) 677

SANJAY KUMAR DWIVEDI
Shambhu Nath Rai, S/o. Anarsi Rai – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Prabhash Kumar.
For the Opp. Parties : Mr. Md. Imtiaz Khan, Mr. Shailendra Kumar Tiwari.

JUDGMENT :

1. Heard Mr. Prabhash Kumar, learned counsel for the petitioners, Mr. Md. Imtiaz Khan, learned counsel for opposite party no.2 and Mr. Shailendra Kumar Tiwari, learned counsel for the State.

2. This petition has been filed for quashing of entire criminal proceeding including the order taking cognizance and issuance of summon dated 05.08.2016 in connection with Protest/Complaint Case No.794 of 2014 whereby cognizance has been taken under Sections 341 and 323/34 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Ramgarh.

3. The Protest/Complaint Case No.794 of 2014 arising out of Ramgarh P.S. Case No.211 of 2013 was filed by opposite party no.2 alleging therein that an occurrence took place on 14.07.2013 at 09:00 a.m. The complainant had initially filed Complaint Case No.1258 of 2013 before the learned Chief Judicial Magistrate, Ramgarh which was referred to Ramgarh Police Station Officer Incharge under Section 156(3) Cr.P.C. for investigation and thereafter Ramgarh P.S. Case No.211 of 2013 was registered by the Ramgarh Police and investigation was started by the Sub-Inspector and after investigation, final form was submitted by the pol

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