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2023 Supreme(Jhk) 1087

ANIL KUMAR CHOUDHARY
Devendra Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sumit Gadodia, Advocate, Ms. Shilpi Sandil, Advocate, Ms. Aanya, Advocate
For the Respondent: Mr. Ranjan Kumar, AC to Sr. SC I, Mr. Anurag Vijay, Jr. SC, Mr. R.N. Sahay, Sr. SC

JUDGMENT :

1. Heard the parties.

2. This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer to quash the entire criminal proceeding arising out of Godda Nagar P.S. Case No. 0299 of 2022, corresponding to G.R. No. 939 of 2023 including the order taking cognizance dated 12.06.2022 which date has wrongly been mentioned due to printing error and in fact, the said order was passed on 12.06.2023 because in the order itself, there is reference to the final form which was submitted on 09.05.2023 and if the order would have been passed on 12.06.2022, the same could not have any reference to the final form dated 09.05.2023 whereby and where under, the cognizance for the offence punishable under Section 186, 201, 204 and 120B of Indian Penal Code has been taken against the petitioner.

3. It is submitted by the learned counsel for the petitioner that all the offences are non-cognizable still erroneously, the FIR was registered and police wrongly submitted the charge sheet because of printing error and the same was also intimated to the learned Chief Judicial Magistrate, Godda vide letter dated 03.06.2023 by the I.O. of the case, a copy of which has been anne

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