Dismissed

Sanjay Yadav And Anr. v. The State Of Jharkhand And Anr.

Jharkhand HC16 Mar 2017Cr.M.P./1428/2016

Case brief

AI extract

What is this about?

This judgment dismisses a petition seeking quashing of criminal proceedings where summons were issued against petitioners for alleged misuse of an ATM card. The court held that the complaint discloses an offence and that the defense merits await trial.

What did the court decide?

The petition for quashing the criminal proceedings and the order dated 12.2.2015 was dismissed.

Sanjay Yadav And Anr. Vs The State Of Jharkhand And… — Cheating and Forgery | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P No. 1428 of 2016

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Sanjay Yadav son of late Saran Yadav resident of village Remdarganj, P.O. and P.S. Barbigha, District- Shekhpura (Bihar).

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Baban Kumar Yadav son of Lakhan Prasad Yadav, resident of village Barbigha Faizabad, Near Bank of India, P.O. & P.S.- Barbigha, DistrictShekhpura (Bihar) …......... Petitioners.

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Versus

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The State of Jharkhand

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Sarjan Yadav son of Sheo Yadav, resident of Bhalgora Tina Dhowra, P.O. & P.S.- Jharia, District- Dhanbad (Jharkhand). . ... ... ...Opp. Parties.

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioners : Mr. Rakesh Kumar Sinha, Advocate. For the State : Mr. Anjani Kr. Toppo, A.P.P. …......

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02/16.03.2017: The petitioners have prayed for quashing the entire criminal proceedings initiated against them in connection with C.P. Case No. 2934 of 2014 including the order dated 12.2.2015 by which, after taking cognizance under Sections 406, 420, 120-B, 323, 379/34 of the Indian Penal Code, summons have been issued against the petitioners.

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Heard the learned counsel for the parties.

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Learned counsel for the petitioners submits that no offence is made out against the petitioners. He further submits that there is no details in the entire complaint as to how much amount has been withdrawn from the Bank Account of the complainant. It has also been submitted that the allegation against the petitioners is that the Account of the complainant has been operated by the petitioners in fraudulent manner and by using his ATM Card, money has been withdrawn by the petitioners. He also submits that there is no document to suggest that the petitioners have committed the offence as alleged. He lastly submits that the ATM remains under the close circuit camera surveillance and therefore, it cannot be said that the petitioners have committed the said offence.

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I have perused the entire complaint. The allegation against the petitioners is that they are close relatives of the complainant and by misusing the ATM Card of the complainant, they withdrew money from the account of the complainant. From perusal of the complaint petition, offence is made out against the petitioners, which warrants issuance of summons against them. The defence of the petitioners cannot be looked into, at this stage. Whether the petitioners have mis-utilized the ATM Card of the complainant or not, can be only seen during the trial and not at the time of issuance of the summons.

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The court below after going through the complaint petition, S.A. and the evidence of the inquiry witnesses and after applying judicial mind, has come to a

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prima facie the conclusion that there are sufficient materials for issuance of summons against the present petitioners to secure their presence for the purpose of putting them to trial. There is no illegality in the impugned order. Thus, I find no merit in this petition. This petition stands dismissed, accordingly.

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(ANANDA SEN , J)

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Anu/-

Sanjay Yadav And Anr. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Sanjay Yadav And Anr. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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