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2025 Supreme(Jhk) 2234

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Uttam Kumar Mahato @ Uttam Kumar son of Bhuwaneshwar @ Bhuneshwar Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Mr. Nitish Kr. Sahani, Advocate Mr. Ashim Kr. Sahani, Advocate
For the Respondent:Mr. Rajesh Kumar, Addl. P.P. Mr. Baibhaw Gahlaut, Advocate

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 09.06.2022 passed by the learned Judicial Magistrate-1st Class, Bokaro in connection with C.P. Case No.646 of 2021 whereby and where under the learned Judicial Magistrate-1st Class, Bokaro has found prima facie case for the offences punishable under Sections 406, 506, 504, 323, 341, 417, 427 read with Section 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the case is at the stage of appearance and charge has not yet been framed by the trial court.

4. The brief fact of the case is that ten years prior to recording of the statement on solemn affirmation of the complainant on 04.10.2021, in the year 2010, the petitioners paid Rs.3,00,000/-. The petitioners have further got the work started on the land. When the complainant asked for paying the remaining money, the petitioners told him to go anywhere he wishes and nothing will happen. It is alleged that on 05.07.2021, the accused persons came to the hou

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