IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Shashi Anand Sinha, S/o Satyadeo Narayan – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. factual background of the case and allegations. (Para 2 , 3) |
| 2. petitioners argue against cognizance based on laws. (Para 4 , 5) |
| 3. state argues against petition and cites legal provisions. (Para 6 , 7 , 8) |
| 4. court analyzes legal requirements for cognizance. (Para 9 , 10 , 11 , 12) |
| 5. conclusion to quash fir and proceeding. (Para 13 , 14 , 15) |
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with ther prayer to quash and set aside the First Information Report arising out of Jharia P.S. Case No.72 of 2018 corresponding to G.R. Case No.1650 of 2018 including the order taking cognizance dated 19.08.2019 passed by learned Additional Chief Judicial Magistrate, Dhanbad whereby and where under the learned Additional Chief Judicial Magistrate, Dhanbad has taken cognizance of the offences punishable under Sections 420 /120B of the INDIAN PENAL CODE and Section 15 of Environmental Protection Act, 1986 against the petitioner.
3. The allegation against the petitioners is that on 21.04.2018 a raid was conducted by the informant, who
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