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2022 Supreme(Jhk) 760

SANJAY KUMAR DWIVEDI
Ashok Kumar Roy S/o Late Sudhir Kumar Roy – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Manish Kumar.
For the Respondent: P.P.N. Roy.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Manish Kumar, the learned counsel appearing on behalf of the petitioner and Mr. P.P.N. Roy, the learned Senior Counsel appearing on behalf of the O.P. No. 2. The respondent State has gone unrepresented.

2. This petition has been filed for quashing the entire criminal proceeding in connection with C-1 Case No. 2722/2014 instituted for the alleged offence under section 409/167/120B IPC including the order taking cognizance dated 24.11.2014 whereby cognizance under section 406 of the IPC has been taken against the petitioner and the matter is pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur.

3. The complaint was filed alleging therein that, the complainant is the owner of Tata Motor Truck bearing Registration No. JH- 05W-4675 for which he had obtained Insurance Policy from National Insurance Company and the said truck met with an accident on 27.01.2013 and he informed the Regional Office of Insurance Company about the same on 15.02.2013 who in turn appointed a Surveyor for assessing the loss and the mechanic assessed the total estimate of repair at Rs. 2,76,790/- in presence of the said Surveyor. It is further alle

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