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2024 Supreme(Jhk) 364

SANJAY KUMAR DWIVEDI
Arjun Prasad – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. H.K. Shikarwar.
For the Opp. Parties : Mr. Achinto Sen, A.P.P., Mr. A.K. Sahani, Adv.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard learned counsel appearing for the petitioners, learned A.P.P. for the State and learned counsel appearing for the O.P. No. 2.

2. Mr. Shikarwar, learned counsel appearing for the petitioners submits that the petitioner No. 1 namely Arjun Prasad has left for his heavenly abode in view of that he is not pressing this petition so far as petitioner No. 1 is concerned. He submits that now this petition is confined for the petitioner No. 2 namely Ashwini Kumar @ Ashwini Kr. Parwata.

3. Prayer in this petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 12.08.2016, in connection with C. Case No. 01 of 2016, pending in the court of learned Railway Judicial Magistrate, Palamau at Daltonganj.

4. The complaint case was lodged by the O.P. No. 2 alleging therein that he was having twelve trailer vehicles which was given on rent to the petitioner no.1 who is a transporter and he was having contract with JSPL and was to transport steel from Balkudra JSPL to Patratu railway siding. One agreement was executed in between the petitioner no.1 and the complainant and one verbal agreement was also made for tran

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