IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Ashif Ali Khan @ Ashif Khan, Son of Md Taqi Khan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Since both these Criminal Miscellaneous Petitions have been filed with the self-same prayer to quash the entire criminal proceeding including the order dated 04.08.2023 passed in Complaint Case No. 1432 of 2023 by the learned Judicial Magistrate-1st Class, Giridih whereby and where under the learned Judicial Magistrate-1st Class, Giridih has found prima facie case for the offences punishable under Sections 406, 447, 504 and 506 of the Indian Penal Code and issued summons against the petitioners. Hence, both these Criminal Miscellaneous Petitions are disposed of by this common judgment.
3. The case of the complainant in brief is that the complainant entrusted her house to the petitioner No.1 of Cr.M.P. No. 1857 of 2024 for using the same for his residence only and to carry out his own business. The petitioner No.1 of Cr.M.P. No. 1857 of 2024 was entrusted with the said house property of the complainant in the year 2018. The petitioner No.1 of Cr.M.P. No. 1857 of 2024, at the time of entrustment of the said house property, took the same for only some months and assured that he will vacate the property after some months. As after o
High Court may quash criminal proceedings when no prima facie case is established, and cannot engage in fact-finding or conduct a mini trial at this stage.
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