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2023 Supreme(Jhk) 1544

SUBHASH CHAND
Subodh Bara Babu @ Subodh Kumar Yadav – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B.M. Tripathy
For the Respondents: Manoj Kumar Mishra, Afaque Ahmed

JUDGMENT :

Subhash Chand, J.

1. Heard learned senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Opposite Party No. 2.

2. The instant criminal revision is against the order dated 28th June, 2022 passed by the learned Additional Sessions Judge-I, Sahebganj in M.C.A. No. 45 of 2020, arising out of S.T. Case No. 10 of 2020, whereby the petition for discharge filed on behalf of the petitioner had been dismissed.

3. Mr. B.M. Tirpathy, learned senior counsel appearing on behalf of the petitioner submitted that the impugned order passed by the learned court below is erroneous in the eyes of law as well as on facts. The learned trial court did not consider the allegations made against the petitioner which were far from truth. The police after concluding the investigation had filed the Final Report against which the informant filed protest-cum-complaint petition on 28th September, 2010 and the learned Chief Judicial Magistrate, Sahebganj took cognizance against the petitioner under Section 376 of the I.P.C. It is further submitted that against the order taking cognizance dated 18th October, 2018, the petitioner preferred a criminal miscellaneous petiti

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