ISMAIL SK. AND ORS. Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-2-98
HIGH COURT OF JHARKHAND
Decided on February 06,2015

Ismail Sk. And Ors. Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Rongon Mukhopadhyay, J. - (1.) HEARD Mr. Rajesh Kumar and Mrs. Sadhna Kumar, learned counsel for the State. No one appears on behalf of O.P. No. 2.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding as well as quashing the order dated 6.8.2002 in connection with PCR Case No. 80 of 2002, passed by learned Sub -Divisional Judicial Magistrate, Rajmahal, whereby and whereunder cognizance for the offence under sections 147, 323 and 379 of the Indian Penal Code has been taken as against the petitioners. A complaint petition was filed by the complainant -opposite party No. 2 herein, in which it was stated that he had gone to Hiranpur Cattle Market on 14.5.2002 and had sold a pair of milching buffaloes and while he was returning home along with the money obtained through selling of the said buffaloes, the accused persons all of a sudden surrounded him and forcibly had taken away the cash of Rs. 25,000/ - as well as a wrist watch. It was also alleged that while committing the crime, the accused persons had told the complainant that they realised the marriage expense of Manswar Bibi.
(3.) AFTER an enquiry was conducted under section 202 Cr.P.C. by examining the complainant on solemn affirmation and also his witnesses, cognizance was taken by the learned Sub Divisional Judicial Magistrate, Rajmahal on 6.8.2002 for the offences punishable under sections 147, 323 and 379 of the Indian Penal Code.;


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