Dismissed

Bisheshwar Nand Goswami v. The State Of Jharkhand

Jharkhand HC23 Jan 2020Cr.M.P./1832/2016

Case brief

AI extract

What is this about?

Joint petitions for quashing FIRs under IPC and PC Act were withdrawn by petitioners. The High Court dismissed the petitions as withdrawn without prejudice to the parties' rights. Interim orders were vacated and pending applications dismissed as not pressed.

What did the court decide?

The petitions were dismissed as withdrawn. Interim orders were vacated and pending applications dismissed as not pressed.

Bisheshwar Nand Goswami Vs The State Of Jharkhand — Contempt of Court | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. M.P. No. 2052 of 2012

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Om Prakash Singh, son of late Raghubansh Prasad Singh, resident of Qr. No. L: 475, Shaharpura, P.O. & P.S. – Sindri, District – Dhanbad

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Haradhan Mahatha, son of Late Parmanand Mahatha, resident of Qr. No. L – 519, Shaharpura, P.O. & P.S. – Sindri, District – Dhanbad

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Sri Bhagwan Tiwari, son of Late Chandrama Tiwari, resident of Qr. No.A/2, NAC Colony, Shaharpura, P.O. & P.S. – Sindri, District - Dhanbad

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Harish Chandra Pandey, son of late Chakrapani Pandey, resident of Qr. No. B/9, NAC Colony, Shaharpura, P.O. & P.S. – Sindri, District – Dhanbad

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Jamaluddin, son of late Sardar Ahmad, resident of Qr. No.R.M – 4 -565-66, Rangamatia, P.O. & P.S. – Baliapur, District – Dhanbad … … Petitioners

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Versus

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State of Jharkhand

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Baleshwar Singh, son of late Sitaram Singh, resident of A – 1, NAC Colony, Shaharpura, P.O. & P.S. – Sindri, District – Dhanbad … … Opposite Parties

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… … Opposite Parties

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With

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Cr. M.P. No. 2408 of 2012

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Jay Jyoti Samanta, son of Late Tarak Nath Samanta, Resident of Godda, P.O. & P.S. – Godda, District – Godda Jharkhand

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… … Petitioner

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Versus

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State of Jharkhand

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Baleshwar Singh, son of late Sitaram Singh, resident of A – 1, NAC Colony, Shaharpura, P.O. & P.S. – Sindri, District – Dhanbad … … Opposite Parties

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With

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Cr. M.P. No. 116 of 2013

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Anand Mohan Singh, Son of Late Nityanand Singh, Retd. Chief Executive Officer Nagar Nigam Dhanbad, at present Residing at Flat No.4/G, Sakchi Apartment, P.O. Hirapur, P.S. – Town Thana, Dist – Dhanbad / Jharkhand

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… … Petitioner

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Versus

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State of Jharkhand

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Baleshwar Singh, son of late Sitaram Singh, Resident of A – 1, NAC Colony, Sharpura, P.O. & P.S. – Sindri, District – Dhanbad/Jharkhand … … Opposite Parties

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With

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Cr. M.P. No. 1832 of 2016

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Bisheshwar Nand Goswami @ Biseshwaranand Goswami @ B.N. Goswami, Son of Late Mahadeo Nand Goswami, Resident of at Dhanbad Nagar Nigam, Post Office & Police Station – Dhanbad, District – Dhanbad (Jharkhand)

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Binay Kumar Roy, Son of Sri Rudra Narayan Roy, presently posted as Additional Collector, Dhanbad, permanent resident of at & Post – Baghmari, P.S. – Devipur, District – Deoghar (Baidyandhdham), Jharkhand

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Versus

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State of Jharkhand

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Baleshwar Singh, Son of late Sita Ram Singh, Resident of A – 1, NAC Colony, Shaharpura, P.O. & P.S. – Sindri, District - Dhanbad … … Opposite Parties

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Kripa Shankar Nanda, Advocate : Mr. Naveen Kumar Jaiswal, Advocate : Mr. Pratiush Lala, Advocate For the State : Mr. T.N. Verma, Advocate

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10/23.01.2020 Cr.M.P. No.2052 of 2012 has been filed for the following relief:

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“For quashing of the F.I.R being Sindri P.S. Case No.84/2011, corresponding to G.R. No.3288/2011, registered for the offences under Section 406, 409, 466, 468, 471, 419, 420 and 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act as well as for quashing of the entire criminal prosecution arising out of the aforesaid case as against the petitioner, which is present pending in the Court of learned Judicial Magistrate, Dhanbad, awaiting final form.”

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2. A further prayer has been made for quashing the order taking cognizance dated 18.06.2014 inter alia against the

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petitioner nos.1 and 5 vide I.A. (Cr.) No.48 of 2017 allowed vide order dated 02.11.2018.

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3. Cr.M.P No.2408 of 2012 has been filed for the following relief:

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“For quashing of the F.I.R being Sindri P.S. Case No.84/2011, corresponding to G.R. No.3288/2011, registered for the offences under section 406, 409, 467, 468, 471, 419, 420 and 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act as well as the entire criminal prosecution arising out of the aforesaid case as against the petitioner, which is presently pending in the court of learned Judicial Magistrate, Dhanbad, awaiting final form.”

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4. Cr.M.P. No.116 of 2013 has been filed for the following relief:

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“For quashing of the FIR and entire criminal proceeding lodged against him being Sindri P.S. Case No.84/2011 dated 3.10.2011 which correspondence to G.R. No.3288/2011 registered for offences under Section 406/409/467/468/471/419/420/ 120B of Indian Penal Code and for offence under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act and the case is presently pending in the court of the ld. Judicial Magistrate at Dhanbad.”

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5. Cr.M.P No.1832 of 2016 has been filed for the following relief:

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“To quash the impugned First Information Report dated 03.10.2011 registered for the offences under Sections 406/409/467/468/471/419/420 and 120 (B) of the Indian Penal code and Section 13(2) read with Section 13(1)(d) of the P.C. Act in connection with the Sindri Police Station Case No.84/2011 corresponding to the G.R. Case No.3288/2011. The case is pending in the court of learned Chief Judicial Magistrate, Dhanbad.”

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6. Cr.M.P. No.2479 of 2012 has been filed for the following relief:

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“For quashing of the FIR and entire criminal proceeding, lodged against him being Sindri P.S. Case No.84 of 2011 dated

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03.10.2011 which correspondence to G.R. No.- 3288 of 2011 registered for offences under Sections 406/ 409/ 467/ 468/ 471 / 419 /420 & 120 (B) of Indian Penal Code and offences under Section 13(2) r/w Section 13(1)(d) of Prevention of Corruption Act, the case is presently pending in the court of learned Judicial Magistrate at Dhanbad.”

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7. These matters were directed to be posted today for dictation of the judgment.

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8. The learned counsels for the petitioner(s) after seeking instructions from their respective clients seek permission to withdraw these petitions by submitting that these petitions are being withdrawn in view of order passed by this Court in A.B.A. No.573 of 2017 and other analogous cases.

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9. Considering the submissions, be that as it may, these petitions are dismissed as withdrawn.

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10. Dismissal of these petitions will not prejudice the case of either parties in any manner whatsoever.

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11. Interim orders, if any, stand vacated.

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12. Pending interlocutory applications, if any, are dismissed as not pressed.

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13. Office is directed to communicate this order to the learned court below through ‘FAX’.

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(Anubha Rawat Choudhary, J.)

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Saurav/

Bisheshwar Nand Goswami v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Bisheshwar Nand Goswami v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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