NAWAL KISHORE PRASAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2015-2-84
HIGH COURT OF JHARKHAND
Decided on February 06,2015

NAWAL KISHORE PRASAD Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

H.C.MISHRA, J. - (1.) HEARD learned counsel for the petitioners, learned counsel for the State as also learned counsel for the private respondent No. 4.
(2.) THIS writ application has been field for quashing the entire criminal proceeding against the petitioners in Giridih (M) P.S. Case No. 143 of 2011 corresponding to G.R. No. 1110 of 2011, arising out of C.P. Case No. 666 of 2011, which was instituted for the offence under Sections 147, 341, 323, 394 and 307 of the Indian Penal Code and Section 25 of the Arms Act.
(3.) FROM perusal of the record, it appears that the complaint, being C.P. Case No. 666 of 2011, was filed by the complainant respondent No. 4 in the Court of Learned Chief Judicial Magistrate, Giridih, against these petitioners. There is allegation against the petitioners of assaulting the complainant and taking away his cash and ornament. The said case was sent for institution of the police case under Section 156 (3) of the Cr.P.C., on the basis of which, Giridih (M) P.S. Case No. 143 of 2011 was instituted and investigation was taken up. The petitioners thereafter filed this application for quashing the entire criminal proceeding against them in the said case. It is apparent from the record that there was previous enmity between the parties and there are criminal cases between both the parties, filed against each other. This Court, by order dated 23.12.2011 had directed for taking no coercive step against these petitioners in the said criminal case, and again by order dated 21.3.2014, it was clarified that the investigation was not directed to be stayed, and therefore, the State was directed to file an affidavit to acquaint this Court with the up -to -date stage of investigation. Again by order dated 14.11.2014, the Superintendent of Police, Giridih, was directed to ensure that the investigation of the case was concluded by 15th of January, 2015 ensuring the timely and impartial investigation in the matter. It appears that pursuant thereto, the investigation was completed and the charge -sheet has been submitted in this case.;


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