DINESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is an accused in a case registered under Sections 341/323/ 338/380/34/504, I.P.C.

(2.) According to the written report, a theft was committed between the intervening night 23-24 May, 2008 in the house of informant and the miscreants took away Stabiliser, D.VD., etc. The informant had identified some of the accused including the petitioner who are named in the written report.

(3.) It is submitted that during investigation, the I.O. did not find the occurrence true under Section 380, I.P.C., as a result he was granted bail by the police. The I.O. has submitted charge-sheet under Sections 341/323/ 338//504/34, I.P.C. against the petitioner and other accused persons but the learned Chief Judicial Magistrate took cognizance under Section 380, I.P.C. on 15-4-2009. After submission of charge-sheet, the accused persons were directed to appear before the transferee Court and for that notices against them have been issued.