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2023 Supreme(Jhk) 1238

ANIL KUMAR CHOUDHARY
Ajay Sagar @ Ajay Prem Sagar, son of Late Prem Sagar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Pratik Sen.
For the State : Mr. Pankaj Kumar, Addl.P.P., Mr. Anish Kumar Mishra.

JUDGMENT :

Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash entire criminal proceeding including the F.I.R. in connection with Sonari P.S. Case No.34 of 2022 registered for the offences punishable under Sections 384, 406, 420, 467, 468, 471, 120-B, 506 of the Indian Penal Code.

3. The brief facts of the case is that the complainant-informant earlier filed Complaint Case No.2238 of 2020 in the court of Chief Judicial Magistrate, Jamshedpur when the matter was still pending the complainant-informant suppressing the material facts that he filed Complaint Case No.2238 of 2020, again filed another complaint being Complaint Case No.52 of 2022, para-1 to para-8 of which were word by word same as that of Complaint Case No.2238 of 2020 and just by replacing that the nature of offence punishable as under 406, 420, 384, 467, 468, 471, 120-B, 506 of the Indian Penal Code while in the earlier complaint was filed the nature of offence was mentioned as under Section 138 of the N.I. Act.

4. Mr. Pratik Sen- learned counsel for the petitioner relies upon the judgment of Hon’ble Suprem

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