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ANIL KUMAR CHOUDHARY
Kajru Mahto @ Kajru Chaudhary @ Kajru Choudhary @ Kajaru Mahto @ Kajaro Chouhdary, son of Ganesh Thandar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Anil Kumar Choudhary, J.)
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 16.08.2024 passed by the learned Additional Sessions Judge-I, Ramgarh in connection with S.T. No.15 of 2018 arising out of Rajrappa P.S. Case No.16 of 2017 corresponding to G.R. No.86 of 2017 by which the learned Additional Sessions Judge-I, Ramgah has allowed the petition filed under Section 348 of the Bhartiya Nagarik Suraksha Sanhita, 2023 without giving any opportunity of being heard to the petitioners herein who are the accused persons of the said case, even though the learned counsel for the petitioners who received the copy of the petition, has made an endorsement on the petition itself, that the petitioners have objection to the contents of the said application filed under Section 348 of the Bhartiya Nagarik Suraksha Sanhita, 2023 as the evidence of the witness sought to be tendered is not germane, to the case.
3. Perusal of the record reveals that on 16.08.2024 no witness was present. A petition was filed on behalf of the p
The court emphasized that in criminal trials, accused persons must be given an opportunity to defend their case, and failure to do so renders the order invalid.
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