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2024 Supreme(Jhk) 386

ANIL KUMAR CHOUDHARY
Sunil Kumar Singh, son of Sri Bikrama Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mahesh Tewari.
For the Opp. Parties : Mr. Bhola Nath Ojha, Spl. P.P., Mr. Sarju Prasad, Mr. Atma Ram Choudhary.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order taking cognizance vide order dated 06.06.2022 passed in Complaint Case No. 171 of 2019 by the learned Judicial Magistrate -1st Class, Koderma whereby and where under the learned Magistrate has found prima facie case for the offences punishable under Section 341/323/376/427/380/504 of the Indian Penal Code against the petitioners and also to quash the entire criminal proceeding arising out of the said Complaint Case.

3. The brief facts of the case is that at about 10:30 P.M. on 03.01.2019, the petitioners committed gang rape upon the prosecutrix together, in her house and upon hue and cry being raised by the prosecutrix, the mother-in-law and sister-in-law of the prosecutrix came to the place of occurrence- which is one of the rooms of the house of the informant and tried to rescue the informant being further ravished but they were also assaulted by the petitioners and the petitioners went on ravishing the complainant. There is also allegation that the petitioners have com

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