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2023 Supreme(Jhk) 1331

SANJAY KUMAR DWIVEDI
Rajkumar Sao – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mahesh Tewari , Advocate
For the Respondent:Mr. S.K. Shukla, Advocate

JUDGMENT :

On repeated call nobody has responded on behalf of the O.P.No.2. Identical was the situation on 31.08.2022. Accordingly, this matter is being heard on merit.

2. Heard Mr. Mahesh Tewari, the learned counsel for the petitioners and Mr. S.K.Shukla, the learned counsel for the respondent-State.

3. This petition has been filed for quashing of entire criminal proceeding in connection with Ranchi Rail P.S. Case No.131 of 2011, G.R.No.217 of 2011, including order dated 20.7.2012, pending in the court of learned Railway Magistrate, Ranchi.

4. The facts of this case in brief is that on the basis of fardbeyan given by O.P.no.2 wherein he has stated that he was working as Gate Keeper in Railway Department and posted at Piska Nagri Mahohar Level Crossing Gate. On 12.10.2011 according to him his duty hours were 5 a.m. to 6 p.m. after he is being relieved from his duty, it is alleged that 4 RPF personnel in civil dress came to him on motorcycle and one jawan Rabindra Rai was accompanied them. They took him to RPF office and also threatened him that he is indulged in committing theft of railway properties. It is alleged that on refusal he had been assaulted by means of Danda and with pointe

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