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2024 Supreme(Jhk) 308

ANIL KUMAR CHOUDHARY
Raj Prakash, son of Sashi Mohan Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rajesh Kumar, Adv.
For the Opp. Parties : Mrs. Ruby Pandey, Addl. P.P.

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 to quash the entire criminal proceeding including the order dated 17.12.2021 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with Govindpur P.S. Case No. 50 of 2020, corresponding to G.R. No.3100 of 2021 whereby and where under, the learned Judicial Magistrate 1st Class, Dhanbad found prima facie case for the offence punishable under Section 504, 506, 420 and 34 of Indian Penal Code and taken cognizance of the said offences.

3. The allegation against the petitioners is that the petitioner no.1 constructed a simplex (a single storied house) for the informant. As per the agreement, the petitioner no.1 was to make a construction of 1300 sq. feet but he constructed simplex of 1076 sq. feet only and also did not make available the facilities which he was supposed to provide under the agreement. The informant has paid Rs.16,25,000/-to the petitioner no.1. The informant tried to talk to the petitioner no.1 on several occasions in this respect but he did not listen. The infor

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