Disposed

Syed Mumtaz Ahmad v. the State of Jharkhand

Jharkhand HC4 May 2023W.P.(Cr.)/141/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition challenging an order of the Judicial Magistrate, Ranchi rejecting a petition under Section 340 Cr.P.C. Court disposed of the petition granting liberty to file the petition under Section 340 Cr.P.C. in competent court.

What did the court decide?

Liberty granted to file a petition under Section 340 of the Cr.P.C. before the competent court for examination in accordance with law.

Syed Mumtaz Ahmad Vs the State of Jharkhand — Civil Procedure and Limitation | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(Cr.) No. 141 of 2023

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Syed Mumtaz Ahmad, aged about 65 years, s/o late S.M. Hashmatullah, r/o 4A, Jami Enclave, Jamia Nagar, Kadru, P.O. Doranda, P.S.Argora, District Ranchi, Jharkhand .... Petitioner

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-- Versus -- 1.The State of Jharkhand

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2.Dr. Ranjan Deb, s/o late Rabindr Kumar Deb, R/o A4, Indumati Apartment, North Office Para, P.O. and P.S. Doranda, District Ranchi, Jharkhand .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Saurabh Shekhar, Advocate For the State :- Mr. Deepankar Roy, Advocate ----

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4 /04.05.2023 This petition has been filed for quashing the order dated 16.09.2022 passed in Complaint Case No.6261 of 2019 by the learned Judicial Magistrate, Ranchi whereby the petition filed for taking action against respondent no. 2 has been rejected and cognizance has not been taken against them. The further prayer is made for direction upon the learned Judicial Magistrate, Ranchi for taking cognizance in the said complaint case.

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On going through the petition, it transpires that the allegations are made of Giving false evidence before the court relating to the P.S.Case. The provision in this regard is made under Section 340 of the Cr.P.C.

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Learned counsel for the petitioner on instruction submits that the petition filed under Section 340 of the Cr.P.C. is not being entertained, even the filing is not accepted. He further submits that the petition filed under Section 340 of the Cr.P.C. is required to be instituted and to be considered, in accordance with law.

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In view of the above facts, this petition is being disposed of with liberty to the petitioner to file a petition under Section 340 of the Cr.P.C. before the competent court, who will examine the same in accordance with law without prejudiced to the order dated 16.09.2022 passed by the learned Judicial Magistrate, Ranchi in Complaint Case No.6261 of 2019, which is the subject matter of this petition.

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Accordingly, this petition stands disposed of.

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( Sanjay Kumar Dwivedi, J.)

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SI/,

Syed Mumtaz Ahmad v. the State of Jharkhand

Case brief

What is this about?

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Syed Mumtaz Ahmad v. the State of Jharkhand

Case brief

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