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High CourtsSingle Bench(2023) 08 JH CK 0003

Ashok Kumar Choudhary vs State Of Jharkhand And Another

Jharkhand High Court · Decided on 4 August 2023

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Allowed/Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 2569 Of 2012

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Judgment

8 paragraphs · 346 words

Sanjay Kumar Dwivedi, J

1.

Heard Ms. Akriti Shree, the learned counsel appearing on behalf of the petitioner and Mr. Prashant Kumar Singh, the learned counsel appearing on behalf of the respondent D.V.C.

2.

This petition has been filed for quashing of the entire criminal proceeding in connection with C.P.Case No.605 of 2012 as well as the order taking cognizance dated 07.08.2012, pending in the court of learned Chief Judicial Magistrate, Bokaro.

3.

Ms. Akriti Shree, the learned counsel appearing on behalf of the petitioner submits that for the same date of occurrence dated 25.06.2012 Balidih P.S.Case No.93 of 2012 was registered on 26.06.2012 and for the same occurrence the present case has been filed. She further submits that in the F.I.R case the petitioner has already been acquitted, however, the present complaint case is pending.

4.

Mr. Prashant Kumar Singh, the learned counsel appearing for the D.V.C. tried to justify the two cases and submits that acquittal in the first case does not amount to be interfered with the present case.

5.

In view of the above submission of the learned counsels appearing on behalf of the parties and looking to the contents of the F.I.R dated 26.6.2012 in connection with Balidih P.S.Case No.93 of 2012 as well as the contents of the complaint case No.605 of 2012, it transpires that the date of occurrence in both the cases is dated 25.06.2012 and the allegations are there with regard to certain transmission of electricity illegally by the petitioner. The judgment dated 23.04.2019 is brought on the record passed in G.R. Case No.1085 of 2012 by way of supplementary affidavit and looking to the said judgment it transpires that the petitioner has been acquitted and for the same occurrence the present case has been lodged which is against the mandate of section 300 Cr.P.C as well as Article 20(2) of the Constitution of India.

6.

Accordingly, entire criminal proceeding in connection with C.P.Case No.605 of 2012, pending in the court of learned Chief Judicial Magistrate, Bokaro, is quashed.

7.

This petition is allowed and disposed of.