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2023 Supreme(Jhk) 159

SANJAY KUMAR DWIVEDI
Usha Rani, w/o Ram Bilas Prajapati – Appellant
Versus
State of Jharkhand` – Respondent


Advocates Appeared:
For the Petitioners:- Mr. K.S. Nanda.
For the State : Mr. Jitendra Pandey.

JUDGMENT :

1. Heard Mr. K.S. Nanda, the learned counsel appearing on behalf of the petitioners and Mr. Jitendra Pandey, the learned counsel appearing on behalf of the respondent State.

2. On repeated call, nobody has responded on behalf of the O.P.No.2. Identical was the situation on 06.05.2022 and 15.09.2022. In that view of the matter, the case has been heard on merits.

3. This petition has been filed for quashing of the order taking congnizance dated 11.05.2009 passed by Judicial Magistrate, at Dhanbad in C.P.Case No.726 of 2002 as well as the entire criminal proceeding, pending in the court of learned Judicial Magistrate, at Dhanbad.

4. The complaint case was filed alleging therein that the O.P.No.2 is an employee of M/s Bharat Coking Coal Limited and staying at Khan Mansion, Koiribandh along with his other family members. It is further alleged that on 23.5.2003 the O.P.No.2 and his family members were in their house, the accused no.1 namely Rama Kant Prasad, the then Inspector of Police, Jharia came to his house along with other accused persons including the petitioner no.2 and 3 and started abusing them and also assaulting them with sticks and threatened with dire consequence

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