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2024 Supreme(Jhk) 346

SANJAY KUMAR DWIVEDI
Abhay Kumar @ Abhay Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Santosh Kumar Tiwari.
For the Opp. Parties : Mr. Fahad Allam, Mr. Santosh Kumar Jha.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Santosh Kumar Tiwari, learned counsel for the petitioners, Mr. Fahad Allam, learned counsel for the State and Mr. Santosh Kumar Jha, learned counsel for opposite party no.2.

2. The prayer in the petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 16.07.2016 arising out of Pakur Nagar P.S. Case No.391/2015, corresponding to G.R. No.945/2015, pending in the Court of the learned Chief Judicial Magistrate, Pakur.

3. The FIR was registered alleging therein that a notice has been issued to the shopkeeper from Zila Parishad, Pakur for vacating the shop from the super market because one market complex cum marriage hall will be constructed on the said building. After getting the said notice, there was a meeting held between the shopkeeper and they authorized Abhay Kumar Singh (petitioner no.1), who is running a Xerox shop in the said market, for filing a writ petition before the Hon'ble High Court. They have also given Rs.3,000/- each person to Abhay Kumar Singh, then one writ application being W.P.(C) No.2121/2015 dated 15.05.2015 was filed. Later on 20.07.2015, the order has been passed for

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