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2023 Supreme(Jhk) 1133

SANJAY KUMAR DWIVEDI
Propertymen Realty Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Indrajit Sinha, Mr. Ajay Kumar Sah, Mr. Rishav Kumar, Advocate.
For the State : Mr. Binit Chandra, A.C. to A.A.G.-III., Mr. Nilesh Kumar, Mr. Amit Kumar Sinha, Ms Sonal Sodhani, Advs.
For the UOI : Mr. N. Parth Sarthi, A.C. to A.S.G.I.

Table of Content
1. procedural background and the initiation of the fir. (Para 1 , 2 , 3)
2. factual allegations regarding fraud and police misconduct. (Para 4 , 5 , 6)
3. court's need to address police high-handedness. (Para 7 , 8 , 9)
4. legal principles cited pertaining to fir dismissal. (Para 10 , 11 , 12)
5. defining the limits of judicial intervention. (Para 13 , 14 , 15 , 16)
6. reinforcement of procedural rights by maintaining evidence. (Para 17 , 18 , 19)

JUDGMENT :

Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioners, Mr. Binit Chandra, learned A.C. to G.A.-III appearing for the State and Mr. Nilesh Kumar, learned counsel appearing for the respondent No. 5.

2. It appears that the petitioners have approached the Hon’ble Supreme Court under Article 32 of the Constitution of India directly in W.P. (Crl.) No. 275 of 2023, which was permitted to be withdrawn with the liberty to the petitioners to approach the High Court, having the territorial jurisdiction and certain interim protection was provided for a week by the Hon’ble Supreme Court and the said interim order was further extended by another order of the Hon’ble Supreme Court and thereafter the present writ peti

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