DEO LAKHAN PASWAN Vs. STATE OF JHARKHAND
LAWS(JHAR)-2006-4-128
HIGH COURT OF JHARKHAND
Decided on April 05,2006

Deo Lakhan Paswan Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

AMARESHWAR SAHAY, J. - (1.) HEARD .
(2.) IN this writ application, the petitioner has prayed for quashing of the order dated 12.8.1999 taking cognizance for the offence under Sections 500, 504 and 323 of the Indian Penal Code against the petitioner. It appears that the Complaint Case No. 391 of 1999 was lodged before the S.D.J.M. Daltonganj by the Complainant (respondent No. 2) against the petitioner alleging therein that he not only abused the complainant but also assaulted by throwing Paper Weight causing injuries on his leg. Learned S.D.J.M., on the basis? of statements made in the complaint petition as well as from the statements made by the witnesses examined during the enquiry under Section 202, Cr PC took cognizance against the petitioner and prima facie case was made out against the petitioner for commission of the offence under Sections 500, 504 and 323 of the IPC.
(3.) LEARNED Counsel appearing for the petitioner submits that the prosecution of the petitioner was mala fide as he had passed an order for reversion against the complainant and some other persons and therefore, in view of the said facts, the prosecution of the petitioner is liable to be quashed.;


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