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HIGH COURT OF JHARKHAND - PRINCIPAL BENCH JHARKHAND
Mr. Sanjay Kumar Dwivedi, J
Jagat Narayan Prasad – Appellant
Versus
The State of Jharkhand – Respondent
| Table of Content |
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| 1. court observed procedural requirements for cognizance. (Para 2 , 3 , 12 , 13) |
| 2. the injury caused was due to negligence in discharging duties. (Para 4 , 16) |
| 3. arguments raised regarding lack of evidence against the petitioner. (Para 5 , 9 , 10) |
| 4. sanction is mandatory for prosecuting public servants under specific conditions. (Para 6 , 11 , 15) |
| 5. final ruling quashing the cognizance due to absence of prima facie evidence. (Para 17 , 18) |
06/23.03.2021.
2. This criminal miscellaneous petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
4. The lodging of the said complaint case was on the facts that the contractor Suresh Prasad Yadav had taken contract work for construction of one drain on the road near Shitla Mata Mandir at Devi Mandap Road and it has been alleged in the complaint case that it was responsibility of all the accused persons to look after the work of the drainage. It has been alleged in the complaint case that accused Sur
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