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2023 Supreme(Jhk) 1201

ANIL KUMAR CHOUDHARY
Sandhya Bhagat, wife of Shiv Kumar Bhagat – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Krishna Murari.
For the Opp. Parties : Mr. Prabhu D. Agrawal, Spl. P.P., Mr. Mahesh Kr. Sinha, Mr. Gaurav Priyadarshi, Ms. Twinkle Rani.

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the First Information Report being Gumla P.S. Case No.261 of 2022 as well as the entire criminal proceedings thereof instituted for the offences alleged to have been committed punishable under Sections 341, 323, 506, 406, 420, 34 of the Indian Penal Code; which is now pending in the court of learned Chief Judicial Magistrate, Gumla.

3. The brief facts of the case is that the petitioner No.1 entered into an agreement with the informant, as per which the petitioner took Rs.15,00,000/- as security money which was not carrying any interest and in consideration for the same the petitioner No.1 had to hand over the petrol-pump run by her to the informant on rent for four years eleven months but the petitioner No.1 neither handed over the petrol-pump nor returned the security money and the petitioner No.2 is the husband of the petitioner No.1.

4. Learned counsel for the petitioners relies upon the judgment of this Court in the case of The Sai Appliances & Others vs. The State of Jharkhand & An

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