HARESHWAR PRASAD SINHA Vs. STATE OF JHARKHAND AND ANR.
LAWS(JHAR)-2011-2-178
HIGH COURT OF JHARKHAND
Decided on February 17,2011

Hareshwar Prasad Sinha Appellant
VERSUS
State Of Jharkhand And Anr. Respondents

JUDGEMENT

- (1.) Petitioner has invoked the inherent jurisdiction of this Court under Section 482, Code of Criminal Procedure for quashment of the entire criminal proceedings initiated against the Petitioner in connection with Complaint Case No. 19/1998 for the alleged offence under Sections 406/409/420/34 of the Indian Penal Code, including the order dated 5.12.20Q7 wherein cognizance of the offence was taken under Sections 406/418 of the Indian Penal Code.
(2.) This criminal miscellaneous petition was filed on 8.8.2008 and it was listed for the first time on 2.2.2011 after its filing. Keeping in view the fact that since the complaint case was filed in the year 1998, it was expedient to call for a report from the Court concerned and accordingly, report was called for.
(3.) Report of Shri Uttam Anand, Judicial Magistrate, 1st Class, Gumla is on the record, who by giving the status report as on 7.2.2011 explained that the case is fixed on 21.2.2011 for pre-charge evidence of the complainant. Since the complainant was not producing witnesses, a notice was issued vide order dated 3.12.2010 to the complainant to be physically present on 5.2.2011 (last date of hearing) with the witnesses. He did neither appear nor any witness was produced, but the learned Counsel for the accused informed the Court that Cr.M.P. No. 1144 of 2008 is running in the cause-list of the High Court.;


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