LAWS(JHAR)-2012-9-23

BHARAT KUMAR PODDAR Vs. STATE OF JHARKHAND

Decided On September 12, 2012
BHARAT KUMAR PODDAR Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the State, as also learned counsel for the complainant opposite party No.2.

(2.) THE petitioner is aggrieved by the order dated 2.7.2001 passed in Complaint Case No. 419 of 1995 by Sri O. P. Singh, learned Judicial Magistrate, 1st class, Ranchi , whereby, the charge had been framed against the petitioner and the other co-accused for the offence under Sections 420, 406, 120B of the Indian Penal Code.

(3.) LEARNED counsel for the petitioner has submitted that in the facts of this case, this case is clearly of civil nature and accordingly, the prosecution of the petitioner in a criminal case is absolutely illegal and is a misuse of the process of Court. LEARNED counsel, accordingly, submitted that the criminal proceeding against the petitioner be quashed.