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2024 Supreme(Online)(SC) 11045

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE J.B. PARDIWALA, HON'BLE MR. JUSTICE MANOJ MISRA
SOMJEET MALLICK – Appellant
Versus
THE STATE OF JHARKHAND – Respondent


J U D G M E N T

MANOJ MISRA, J.

1. Leave Granted.

2. This appeal impugns judgment and order of the High Court1dated 01.02.2024 passed in Cr. M.P. No.3796 of 2018 whereby, exercising powers under Section 482 of the Code of Criminal Procedure , 19732, the High Court quashed the order dated 20.02.2020, by which cognizance was taken, and all Signature Not Verified Digitally signed by Gulshan Kumar Arora Date: 2024.10.14

18:10:44 IST Reason:

1 High Court of Jharkhand at Ranchi

2 CrPC further proceedings in connection with Case No.78 of 2016, registered at P.S. Sakchi, corresponding to G.R. No.1627 of 2016, pending in the court of Chief Judicial Magistrate3, Jamshedpur.

Factual Matrix

3. The appellant (original complainant) filed an application, under Section 156(3) CrPC, alleging that the second and third respondents (original accused) offered to take appellant’s Truck (Trailor No.NL 01K 1250) on a monthly rent of Rs.33,000, exclusive of driver’s/helper’s salary, for plying it between Tata Steel Jamshedpur and Kalinganagar; pursuant to that offer, an agreement was entered into between the appellant and the accused on 10.07.2014 thereby letting the vehicle to the accused for a period up to 31.

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