IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Revision No.634 of 2009

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Pradip Kumar Roy

..… Petitioner

Versus

1. State of Jharkhand

2. Lalita Gupta

….. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner

:

Mr. M.B. Lal, Advocate

For the Opp. Parties :

Mr. Azeemuddin, A.P.P.

Mr. Birendra Kumar, Advocate

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08/08.02.2023

Heard learned counsel for the parties.

2.

This criminal revision application is directed

against the order dated 11.02.2009 passed by the learned

Sessions Judge, Dhanbad in Criminal Revision No. 305 of

2008, by which learned Sessions Judge set aside the order

dated 23.09.2008 passed by the Judicial Magistrate, Ist

Class, Dhanbad in C.P. Case No. 1320 of 2008, whereby the

learned Magistrate found the prima facie case to be true

under Sections 354/509 I.P.C. and not found the prima facie

case to be true under Section 376/511/452 I.P.C. The

learned Sessions Judge had made observation in the

impugned order to the effect that prima-facie case under

Section 376/5