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2021 Supreme(Jhk) 1111

SANJAY KUMAR DWIVEDI
Alok Kumar @ Alok Kumar Singh, son of Shri Shatrudhan Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pradeep Kumar Deomani.
For the Opp. Parties : Mrs. Mohua Palit, Mr. Chanchal Jain.

JUDGMENT :

1. Heard Mr. Pradeep Kumar Deomani, learned counsel for the petitioner, Mrs. Mohua Palit, learned A.P.P. for the State and Mr. Chanchal Jain, learned counsel for the O.P. No. 2.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This criminal miscellaneous petition has been filed for quashing of the entire criminal prosecution and the criminal proceeding including the order taking cognizance dated 02.07.2019, passed by the learned Chief Judicial Magistrate, Ranchi, in Complaint Case No. 1236 of 2019, whereby cognizance under Section 420 of the Indian Penal Code has been taken against the petitioner.

4. On the following facts, the complaint case was filed:-

    The prosecution case in short, as per the complaint petition dated 07.03.2019, is that the complainant/opposite party no. 2 is engaged in transportation business and that the accused no. 1 /petitioner is the C & F Agent of the accused no. 2. It is further alleged that the com

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