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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.
Heard Mr. P.P.N. Roy, learned Senior counsel for the petitioner, Mr. Shailesh Kumar Sinha, learned A.P.P. appearing for the opposite party- State and Mr. Amarendra Kumar, learned counsel for opposite party no.2.
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.
3. The petitioner has filed this quashing application for quashing the order taking cognizance dated 07.09.2010 passed by the learned Chief Judicial Magistrate, Kodarma in Complaint Case No.327 of
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