JAY PRAKASH BURNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this Cr.M.P the petitioner has prayed for quashing the order dated 5.3.05 passed in Complaint Case No. 345/04 whereby the learned Court below has taken cognizance of the offences under Sections 323/448/379/34 IPC against the petitioner. The only point which has been taken for challenging the said order is that the complaint petition has been entertained after lapse of 16 months from the date of dismissal of the protest petition. Learned counsel for the petitioner submits that not taking steps for several months after dismissal of the protest petition itself goes to show malafide of the complainant and that is the sufficient ground for quashing the prosecution against the petitioner. Learned counsel further submitted that the complainant was prosecuted in other cases and he has been convicted in those cases, which also goes to show the antecedant of the complainant.