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2023 Supreme(Jhk) 1080

SANJAY KUMAR DWIVEDI
Standard Mercantile Company (Mining Division) Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Anoop Kumar Mehta, Advocate
For the Opposite Party :Mr. Ashish Kumar Thakur, Advocate, Mr. Vishwanath Rai, Spl.P.P., Mrs. Priya Shrestha, Spl.P.P.

JUDGMENT :

Heard Mr. Anoop Kumar Mehta, the learned counsel for the petitioners, Mr. Ashish Kumar Thakur, the learned counsel for the O.P.No.2 and Mr. Vishwanath Rai, the learned counsel appearing on behalf of the respondent State.

2. In all these two petitions, a common question of law is involved and that is why both these petitions have been heard together with consent of the parties.

3. In Cr.M.P. No.1320 of 2016, the prayer is made for quashing of the order dated 07.01.2015 including the entire criminal proceeding in connection with O.C.R. No.02 of 2015, pending in the court of learned S.D.J.M., Rajmahal.

4. In Cr.M.P. No.103 of 2016, the prayer is made for quashing of the entire criminal proceeding including the order taking cognizance dated 16.04.2014 arising out of O.C.R. No.57 of 2014, pending in the court of learned S.D.J.M., Rajmahal.

5. In O.C.R. No.2 of 2015 which is the subject matter in Cr.M.P.No.1320 of 2016 the prosecution case arises out of a written complaint lodged by the Opposite Party No.2 on 7.1.2015 in the court of the learned Additional Chief Judicial Magistrate, Rajmahal, District-Sahibganj on the following allegations-

    (a) The Complainant/Opposite Party No. 2 i

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