Manoj Das Alias Manoj Kumar Das Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 305 of 2020

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Manoj Das @ Manoj Kumar Das … Petitioner Versus

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The State of Jharkhand …..Opp. Party --------

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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--------- For the Petitioner :Mr. R.S. Mazumdar, Sr. Advocate For the State :Mrs. Mahua Palit, APP

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02/Dated: 02.09.2020

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1. Office to delete the name of Mr. Gouri S. Prasad and mention the name of Mrs. Mahula Palit as learned counsel for the State.

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2. The revision is directed against the order dated 27.01.2020 passed by the learned Additional District Judge-III, Dhanbad, in S.T. No.159 of 2019, M.C.A. No. 1917 of 2019 (arising out of Maniadih P.S. Case No.08 of 2017) whereby the petition for discharge filed by the petitioner has been rejected.

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3. Heard learned senior counsel and learned A.P.P. Perused the impugned order. Though the court below has cited the ratio laid down in the decision rendered by the Supreme Court in 1990 (4) SCC 76 , but the court below has not discussed or applied the judicial mind to the materials in the case diary or the statement of the witnesses for recording its satisfaction that the offence under Section 120B is attracted against the petitioner for commission of the offence under Section 494, 420 read with Section 34 of the Indian Penal Code.

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The order ex-facie is cryptic and non-speaking, accordingly the order dated 27.01.2020 passed by the District and Additional Sessions Judge-III, Dhanbad, is, hereby, set aside and the matter is remitted to the court below. The court below shall pass a reasoned and speaking order on the basis of material available on record after recording its satisfaction that prima-facie offences under the provisions of Indian Penal Code is made out, to put the petitioner on trial.

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4. With the aforesaid direction the revision is, hereby, disposed off.

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(AMITAV K. GUPTA, J.)

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Tarun / -

Manoj Das Alias Manoj Kumar Das v. the State of Jharkhand

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Manoj Das Alias Manoj Kumar Das v. the State of Jharkhand

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