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2025 Supreme(Jhk) 1823

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Jitendra Kumar Pradhan S/o Jagabandu – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pradyumna Poddar, Advocate Mr. Mukul Raj, Advocate
For the Respondent: Mr. Pankaj Kumar Mishra, Addl.P.P.

Table of Content
1. factual details of the incident involved. (Para 2 , 3 , 4)
2. arguments regarding requirement of sanction. (Para 5 , 6)
3. court's reasoning on legality of actions. (Para 8 , 9 , 10)
4. criminal proceedings quashed due to lack of sanction. (Para 11 , 12)
5. final orders and disposal of the petition. (Para 13 , 14 , 15 , 16)

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 B.N.S.S., 2023 with a prayer to quash and set aside the entire criminal proceedings including the order dated 06.06.2023 passed by the learned Sub-Divisional Judicial Magistrate, Khunti in connection with Murhu P.S. Case No.24 of 2020 corresponding to G.R. Case No.124 of 2023 whereby and where under the learned Sub-Divisional Judicial Magistrate, Khunti has taken cognizance of the offence punishable under Section 302 of the INDIAN PENAL CODE and Section 27 of the ARMS ACT against the petitioner.

3. The undisputed fact is that the petitioner is a personnel of Central Reserve Police Force (CRPF) and on the alleged date of occurrence, he was a general duty constable of the Central

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