IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 159 of 2008
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Ashok Kumar Tiwary ... ... Petitioner
V e r s u s
The State of Jharkhand & Another ... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
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For the Petitioner : M/s Kumar Vimal, Indrajit Sinha, Advocates.
For the State : APP.
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03/08.11.2011
This application has been filed for quashing the order dated
10.12.2007, whereby the learned court below come to the conclusion
that prima facie offences under Sections 379, 385, 341, 323, 506,
166 & 34 I.P.C. are made out and directed the office clerk to issue
summons against petitioner.
It is submitted by learned counsel for the petitioner that since
petitioner has lodged six cases against the complainant, therefore,
instant case was filed with malafide intention.
From perusal of three charge sheets, annexed with this
petition, I find that in all the cases, different persons were named as
informant. Thus, petitioner has not filed those cases against
complainant. So far other three cases are concerned, it is fairly stated
by learned counsel for the petitioner that those cases are also filed by
some other persons.
Under the aforesaid circumstance, I find that the complainant
has no personal grudge against the petitioner, thus question of
malicious prosecution does not arise. From perusal of complaint
petition and impugned order, I find that the learned court below had
rightly come to the conclusion that the offences under Sections 379,
385, 341, 323, 506, 166 & 34 I.P.C. are made out against the
petitioner.
Thus, I am not inclined to interfere with the impugned order.
Accordingly, this application is dismissed.
(Prashant Kumar, J.)
sunil/