Dismissed

Arti Roy And Ors. v. State of Jharkhand And Anr.

Jharkhand HC6 Aug 2021Cr.M.P./643/2009

Case brief

AI extract

What is this about?

This court dismissed Criminal Revision No.337 of 2012 and Cr.M.P. No.643 of 2009 as infructuous upon finding that petitioners were ultimately acquitted in the underlying complaint case regarding Section 498A IPC charges.

What did the court decide?

The Criminal Revision and Cr.M.P. were dismissed as infructuous due to the ultimate acquittal of the petitioners in the original complaint case.

Arti Roy And Ors. Vs State of Jharkhand And Anr. — Criminal Trial and Appeal | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Criminal Revision No.337 of 2012

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Vishwanath Roy, son of late Virendra Roy

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Arti Roy, widow of late Virendra Roy;

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Moushami Roy @ Sampa Roy, wife of Sapan Roy;

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Sandhya Ghosal @ Rupali Ghoshal @ Rupali;

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Prabhat Roy @ Prabhat Kumar Roy, son of late Virendra Roy;

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Sapan Roy @ Sapan Kumar Roy, son of late Virendra Roy, All residents of Tiril Road, Kokar, P.O. – Kokar, P.S. Sadar, District - Ranchi … … Petitioners

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Versus

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The State of Jharkhand

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Ranjeeta Roy, wife of Vishwanath Roy and daughter of Shri Nepal Chandra Roy, resident of Chutia, P.O. & P.S. – Chutia, District – Ranchi … … Opp. Parties

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With

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Cr.M.P. No.643 of 2009

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Arti Roy, widow of late Birendra Roy;

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Moushomi alias Sompa Roy, @ Maushmi Roy @ Maushami @ Sompa, wife of Shri Sapan kumar Roy

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Sandhya Ghoshal alias Rupali @ Rupali Ghosal, widow of late Pradyut Ghoshal

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Prabhat Roy @ Prabhat Kr Roy

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Sapan kumar Roy @ Sapan Both are son of late Birendra Roy

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All are resident of Tiril Road, Kokar, P.S. Sadar, District - Ranchi … … Petitioners

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Versus

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The State of Jharkhand

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Ranjeeta Roy, Daughter of Shri Nepal Goswami, Resident of Chutia, Krishnapuri, Road No.2 P.O. & P.S. – Chutia, District – Ranchi … … Opp. Parties

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioners : Mr. A.K. Sahani, Advocate For the State : Ms. Nehala Sharmin, Advocate (In Cr.M.P. No.643 of 2009) : Mr. Sanjay Srivastava, Advocate (In Cr. Rev. No.337 of 2012) ---

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Through Video Conferencing

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10/06.08.2021 Criminal Revision No.337 of 2012 has been filed challenging the order dated 02.04.2012 passed by learned Judicial Magistrate, 1^st Class Ranchi in Complaint No.2258 of

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2008 whereby the petition filed on behalf of the petitioners dated 21.11.2011 for discharge under Section – 245 (2) of the Code of Criminal Procedure has been rejected.

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Cr.M.P. No.643 of 2009 has been filed for quashing the entire criminal proceeding as well as the order dated 05.01.2009 passed by learned Judicial Magistrate, Ranchi in Complaint Case No.2258/2008 whereby cognizance has been taken for the offence punishable under Section 498 A of the Indian Penal Code, now pending in the court of learned Judicial Magistrate, Ranchi in Complaint Case No.2258/2008.

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Learned counsel for the petitioners Mr. A.K. Sahani submits that the petitioners in both the cases are common and they have been ultimately acquitted in Complaint Case No.2258 of 2008. Accordingly, the present case has become infructuous. 4. From perusal of the report received by the learned court below, it appears that the petitioners except Vishwanath Roy were acquitted by the learned court below on 09.03.2015 and the petitioner namely Vishwanath Roy was acquitted by the learned court below on 29.05.2015.

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Accordingly, Criminal Revision No.337 of 2012 as well as Cr.M.P. No.643 of 2009 are dismissed as infructuous.

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Pending interlocutory application, if any, is closed.

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Let this order be communicated to the learned court below through FAX/E-mail.

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(Anubha Rawat Choudhary, J.)

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Saurav/

Arti Roy And Ors. v. State of Jharkhand And Anr.

Case brief

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Arti Roy And Ors. v. State of Jharkhand And Anr.

Case brief

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