AKHILESHWAR NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing of the order dated 27.10.1998 taking cognizance against the petitioner under Section 406 of the Indian Penal Code passed by the learned Chief Judicial Magistrate. Palamau at Daltonganj in Mohammadganj P.S. case No. 12 of 1989, corresponding to G.R. No. 607 of 1989.

(2.) IT appears that the petitioner had earlier moved this Hon'ble Court for quashing the entire Criminal Proceeding including the order dated 24.3.1995 by which the cognizance was taken and by order dated 25.4.1997 this Court after setting aside the order taking cognizance remitted the case back to the Chief Judicial Magistrate. Palamau at Daltonganj with observation that he will examine the complainant on solemn affirmation and then proceed with the case and if he satisfied that there is material for taking cognizance, he will proceed in the matter accordingly.

(3.) PURSUANT to the order dated 25.4.1997 the Court below examined the complainant and after dealing with the evidence on record and also considering the limitation matter, took cognizance against the petitioner for the offence under Section 406 IPC Hence this application.