Raju Mukhi And Anr. Vs The State Of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2160 of 2017

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Raju Mukhi, son of Late Sahdeo Mukhi

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Basanti Mukhi, daughter of Late Sahdeo Mukhi, both residents of Birsa Nagar, Zone No. 2, P.O. and P.S. - Birsanagar, District East Singhbhum … … Petitioners

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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--For the Petitioners : Mr. Sanjay Kumar, Advocate For the Opp. Party : Mr. Shekhar Sinha, A.P.P.

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02/05.12.2017 Heard Mr. Sanjay Kumar, learned counsel appearing for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

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Aggrieved by the impugned order dated 12.07.2017 passed by the learned Additional Sessions Judge – I, East Singhbhum, Jamshedpur in S. T. Case No. 419 of 2010 by which the application under Section 232 of the Cr.P.C. has been rejected, the petitioner has preferred the present application.

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It appears that the learned trial court has rightly taken into consideration the object and purport of Section 232 of the Cr.P.C. by holding that only in case of no evidence an accused can be acquitted but in the present case, it appears that nine witnesses have been examined including the material witnesses and the probative value of the said witnesses can only be considered after conclusion of the trial.

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The learned trial court, therefore, on justifiable consideration rejected the application preferred by the petitioner under Section 232 of the Cr.P.C. and in such view of the matter, I am not inclined to entertain this application which is accordingly dismissed with the direction to the learned trial court to conclude the trial expeditiously.

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(Rongon Mukhopadhyay, J.)

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Umesh/-

Raju Mukhi And Anr. v. The State Of Jharkhand

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Raju Mukhi And Anr. v. The State Of Jharkhand

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