In a criminal miscellaneous petition, the petitioner challenged the rejection of his discharge application by the Sub Divisional Judicial Magistrate. The court held that the lower court's order should not be interfered with and dismissed the petition.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 40 of 2018
Nitya Nand Tiwary .... Petitioner Versus 1. The State of Jharkhand 2. Vishwa Viplap Mahto … Opposite Parties --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioners : Mrs. Vandana Singh, Advocate For the State : APP --- Order No. 02 Dated 15 th March, 2018
Heard Mrs. Vandana Singh, learned counsel appearing for the petitioners and learned APP appearing for the State.
The petitioner is aggrieved by the order dated 20.04.2017 passed by learned Sub Divisional Judicial Magistrate, Bokaro in G.R. Case No. 165 of 2010(S) (Harla P.S. Case no. 12 of 2010) by which discharge application preferred by the petitioner has been rejected.
It has been stated by learned counsel for the petitioner that the entire allegation has been levelled against the son of the petitioner, namely, Vikas Kumar Tiwari. It has also been submitted that although some of the witnesses have raised allegation against the petitioner, but they have not instituted any other F.I.R. against him.
Learned A.P.P. has opposed the prayer made by the petitioner. It appears from the allegation that the accused persons had duped several persons on the pretext of providing job in Electro Steel Company. Although the petitioner is not named in F.I.R., but in course of investigation some of the witnesses named the petitioner in taking an active part in the offence.
In such facts and circumstances, therefore I am not inclined to interfere with the 20.04.2017 passed by learned Sub Divisional Judicial Magistrate, Bokaro in G.R. Case No. 165 of 2010(S) (Harla P.S. Case no. 12 of 2010) and this application is accordingly dismissed.
(RONGON MUKHOPADHYAY, J.)
MK
2 issues framed by the court
Whether the High Court should interfere with the lower court's rejection of the discharge application in a case where the petitioner was not the primary accused.
Whether the lack of a separate FIR against the petitioner entitles him to a writ of certiorari or habeas corpus.
Nitya Nand Tiwary
The State of Jharkhand
Vishwa Viplap Mahto
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
