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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Mahfuj Alam – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though, notice has validly been served upon the opposite party no.2 yet no one turns up on behalf of the opposite party no.2 in spite of repeated calls.
3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding in connection with Gomia P.S. Case No.98 of 2023 corresponding to G.R. Case No.1315 of 2023 including the order dated 02.12.2024 passed by learned Judicial Magistrate, Bermo at Tenughat whereby and where under the learned Judicial Magistrate, Bermo at Tenughat has taken cognizance of the offences punishable under Sections 498A, 376(2)(n), 506, 34 of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights of Marriage) Act, 2019 against the petitioner.
4. The allegation against the petitioner is that the petitioner outraged the modesty of the victim, taking advantage of the informant/victim alone in her matrimonial house, trying to forcibly establish physical relationship with her in which he could not succeed because of the uproar raised by the i
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It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
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