Dismissed

Kanchan Jaiswal v. the State of Jharkhand and Anr.

Jharkhand HC4 Aug 2023Cr.M.P./1571/2012

Case brief

AI extract

What is this about?

The State of Jharkhand vs. Kanchan Jaiswal. This petition sought quashing of an FIR and a non-bailable warrant against the petitioner, who was allegedly impugned solely due to an application by the IO without any specific charges. The High Court set aside the impugned order and disposed of the petition after noting the petitioner's lack of role and the trial status of other accused.

What did the court decide?

The order dated 30.06.2012 is set aside. The petition is disposed of. Pending I.A.s are disposed of. Interim order is vacated.

Kanchan Jaiswal Vs the State of Jharkhand and Anr. — Quashing and FIR | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 1571 of 2012

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Kanchan Jaiswal ………..Petitioner Versus

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1.The State of Jharkhand 2. Ashok Kumar Chaturvedi ………..Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Radhey Shyam, Advocate For the State : Mr. Vijay Kr. Sinha, A.P.P.

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05/ 04.08.2023 Heard Mr. Radhey Shyam, learned counsel for the petitioner

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and Mr. Vijay Kumar Sinha, learned counsel for the State.

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By order dated 23.08.2012 notices were directed to be issued upon O.P. No.2. Notice has been effected upon the O.P. No. 2. Thereafter the matter was listed on 28.02.2022, 27.07.2022 and 16.06.2023 however till date the O.P. No. 2 has not appeared. It appears that O.P. No.2 has lost interest.

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This petition has been filed for quashing the F.I.R. in connection with Lalpur P.S. Case No. 85 of 2010, corresponding to G.R. No. 1582 of 2010 and also for quashing of order dated 30.06.2012 whereby nonbailable warrant of arrest has been issued against the petitioner, pending in the Court of learned Judicial Magistrate, Ist Class, Ranchi.

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Learned counsel for the petitioner submits that one Ashok Kumar Chaturvedi lodged an F.I.R. against Bishwajeet Dey, Ranbir Singh and Rohit Gupta alleging therein that the main accused Bishwajeet Dey has asked certain amount from the informant towards admission of his son in Medical College and accordingly he had paid Rs. 14 lakhs to the main accused Bishwajeet Dey and it is also alleged that his friends Ranbir Singh and Rohit Gupta @ Bunty also helped him in cheating the informant and accordingly, the case was registered.

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Learned counsel for the petitioner further submits that the petitioner has no role and there is no allegation against the petitioner

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and only on the basis of application of Investigating Officer non-bailable warrant of arrest has been issued against the petitioner. He further submits that so far accused Bishwajeet Dey and Rahul Gupta are concerned they have faced the trial and by judgment dated 27.09.2012 Bishwajeet Dey has been convicted under section 420 of the I.P.C. and accused Rahul Gupta has been acquitted on the basis of compromise between Rahul Gupta and informant.

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It appears that even in the supplementary chargesheet this petitioner was not made accused and the main accused has already been convicted by the said judgment.

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Learned counsel for the State was not able to justify the action of police officer.

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Accordingly, the order dated 30.06.2012 passed in connection with Lalpur P.S. Case No. 85 of 2010, corresponding to G.R. No. 1582 of 2010 is set aside.

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This petition stands disposed of. Pending I.A. if any, stands disposed of. Interim order is vacated.

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( Sanjay Kumar Dwivedi, J.)

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satyarthi/

Kanchan Jaiswal v. the State of Jharkhand and Anr.

Case brief

What is this about?

What did the court decide?

Kanchan Jaiswal v. the State of Jharkhand and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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