Petitioner sought quashing of Magistrate order affirming prima facie case. Court held no prima facie case for misappropriation against certain petitioners and no case for theft, dismissing the application as devoid of merit.
Application dismissed pending I.A. also disposed of.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P No. 526 of 2018
Jaynandan Kumar Singh ----Petitioner Versus 1. The State of Jharkhand 2. Anil Kumar Dwivedi 3. Rashmi 4. Krishnadeo Ravidas ----Opp. Parties ---
CORAM: Hon’ble Mr. Justice Ambuj Nath --For the Petitioner: Mr. A.K. Sahani, Advocate For the O.P-State: Mr. Rajesh Kumar, A.P.P. For the O.P. Nos. 2-4: Mr. Pawan Kr. Pathak, Advocate
13 / 03.11.2023 Petitioner has filed this criminal miscellaneous application for quashing the order dated 24.11.2017 (Annexure-4) passed by the learned Judicial Commissioner, Ranchi in Cr. Revision No. 290/2017, affirming the order dated 21.08.2017 (Annexure-3) passed by Shri P.N. Upadhyay, Judicial Magistrate, Ranchi in Complaint Case No. 3037/2016, whereby and wherein, Shri P.N. Upadhyay, Judicial Magistrate, Ranchi found prima facie case to be true against the private opposite parties for the offence under sections 323, 342, 506 and 166/34 of the Indian Penal Code and also found prima facie case to be true against the opposite party no. 2 for the offence under section 406 of the Indian Penal Code. However, learned court below did not find prima facie case to be true against the opposite party nos. 2 to 4 under section 379 and 388 of the Indian Penal Code in the aforesaid complaint case.
Petitioner was assaulted and subsequently, case was instituted against him. He was remanded to judicial custody. It has further been alleged that while he was remanded to judicial custody, opposite party no. 4 - Krishnadeo Ravidas took away his gold chain and Rs. 2,600/-. Subsequently, when the petitioner was released on bail, he demanded his gold chain and money from the opposite party no. 4 - Krishnadeo Ravidas who refused to return the same.
(Ambuj Nath, J)
Ranjeet/ Uploaded
3 issues framed by the court
Whether a prima facie case is made out against private opposite parties No. 2 and 3 under section 406 of the Indian Penal Code regarding misappropriation of gold chain and money.
Whether a prima facie case is made out against private opposite parties under sections 379 and 388 of the Indian Penal Code.
Whether the order passed by the learned Magistrate is illegal or liable to be quashed under section 482 of the Code of Criminal Procedure.
3 provisions across 1 enactments
Jaynandan Kumar Singh
The State of Jharkhand
Anil Kumar Dwivedi
Rashmi
Krishnadeo Ravidas
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
