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2023 Supreme(Jhk) 1162

SUBHASH CHAND
Pradeep Yadav – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vimal Kirti Singh, Ujjal Choudhary, Raunak Sahay, Manjusha Priya, Lalit Yadav.
For the Respondents: Binit Chandra, Savita Kumari, Birat Kumar.

JUDGMENT :

SUBHASH CHAND, J.

1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Opposite Party No. 2.

2. The present criminal revision has been preferred against the order dated 2nd April, 2022 passed by the learned Additional Sessions Judge-III-cum-Spl. Judge, Dumka in S.T. Case No. 127 of 2021, arising out of Deoghar (Mahila) P.S. Case No. 13 of 2019 registered under Sections 376 , 511, 354-A, 354-B, 354-D, 379, 506, 509 and 34 of the I.P.C. whereby the discharge petition filed by the petitioner under Section 227 Cr.P.C. has been rejected.

3. Learned counsel for the petitioner has submitted that the learned court below has completely erred in dismissing the discharge application of the petitioner by passing a very cryptic order without appreciating the statement of all the independent witnesses, who had not corroborated the allegations made by the prosecutrix in the complaint. It is further submitted that the learned court below has completely ignored the statement of witness Ajay Kumar Singh and Dinesh Kumar Singh, who had stated that the petitioner never visited the hotel on the night of 20th April, 2019. The impugned order is bas

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