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2022 Supreme(Jhk) 735

SANJAY KUMAR DWIVEDI
Chitranjan Prasad Kuswaha @ Chitranjan Mahto S/o Vijay Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Indrajit Sinha, Ajay Kumar Sah.
For the Respondent: Shailesh Kumar Sinha.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Indrajit Sinha assisted by Mr. Ajay Kumar Sah, learned counsel for the petitioner and Mr. Shailesh Kumar Sinha, learned counsel for the State.

2. This petition has been filed for quashing the entire criminal proceedings in connection with Kasmar P.S. Case No. 83 of 2016 dated 04.11.2016, corresponding to G.R. No. 1046 of 2016, including the order dated 21.08.2019 whereby cognizance has been taken against the petitioner under Sections 3 and 4 of the Explosive Substances Act, 1908, pending in the court of the learned Sub Divisional Judicial Magistrate, Bermo at Tenughat.

3. On the written report of the informant, the FIR was registered alleging therein that vide letter no. 294 dated 20.10.2016 and vide memo no. 555 dated 20.10.2016, Jaridih Circle Officer and Forest Range Officer, Petarwar Forest Area, Petarwar directed the Kasmar Police Station to register Diary Entry No. 11 dated 17.10.2016 wherein Arun Kumar, Forest Range Officer, Petarwar and Sri Dilip Sao, Forest Guard, Forest Area, Petarwar had handed over gun powder 30 pieces and detonator 19 pieces and further directed to enquire into the matter. On receipt of the said information,

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