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2025 Supreme(Jhk) 1874

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Jitendra Kumar Singh prop. J.K. Enterprises – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Jay Shanker Tiwari, Advocate:Mr. Pratyush Shounikya, Advocate:Mr. Shubham Mayank, Advocate:Ms. Priya Sahay, Advocate:Mr. Manish Kumar, Advocate
For the Respondent:Mrs. Nehala Sharmin, Spl.P.P. Mr. Manoj Kr. Sinha, Advocate

Table of Content
1. facts leading to the criminal proceedings. (Para 2 , 3)
2. contentions regarding offenses and legal citations. (Para 4 , 5)
3. court's analysis on definitions and requirements of offenses. (Para 6 , 7 , 8 , 9)
4. final decision to quash the proceedings. (Para 10 , 11)

JUDGMENT :

ANIL KUMAR CHOUDHARY

1. 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 proceeding arising out of C.P. Case No.9450 of 2023 for the offences punishable under Section 323, 420, 406 of the Indian Penal Code including the order taking cognizance dated 19.06.2024 passed by learned Judicial Magistrate-1st Class, Dhanbad whereby and where under the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance for the offences punishable under Sections 323, 420, 406 of the Indian Penal Code against the petitioner.

3. The brief facts of the case is that the petitioner in need of money approached the informant to help him of Rs.40 lakhs, the complainant paid him in total 40 lakhs by paying Rs.20 lakhs on 26.06.2020 by transferring the sam

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