ANIKET JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order dtd. 8/10/2021 passed in Cr. Rev. No.31 of 2021 passed by the learned Sessions Judge, Hazaribag, whereby, the revision petition has been dismissed and the order taking cognizance dtd. 5/7/2021 has been affirmed.

(2.) On the written report of the petitioner, FIR was registered alleging therein that his shop is located at Gola Road, Boddom Bazar, Hazaribag in which he does business of cosmetic and Betel materials. For the last few days, the uncle of the informant namely Santosh Kumar Jain and his two sons namely Rajat Jain and Raunak Jain used to create problems in the smooth working of business, for which, the informant/petitioner has written application before the Sub-Divisional Officer, Hazaribag on 22/3/2021. On 28/3/2021, the accused persons were doing construction work for which the informant went and found the back wall of his shop broken, the goods present in the shop of the informant was stolen by the opposite parties. In the shop of the informant Maisor Sandal Shop, Kapoor, Lady Diana Soap, Passport Perfume, Wonder Wings sanitary pad, Ayush Shampoo, Dilkhush Pan Chatni about Rs.20,000.00 cash, documents relating to shop and other articles. The total price of the stolen articles was Rs.7.008 Lakhs. In the FIR, the informant has mentioned that he has full believe that the articles kept in the shop of the informant was stolen by the accused persons who are the opposite parties in the present case.

(3.) After investigation, the police submitted chargesheet dtd. 23/5/2021 under Sec. 448 of the Indian Penal Code against the accused and the learned Chief Judicial Magistrate, Hazaribag vide order dtd. 5/7/2021 took cognizance of the offence under Sec. 448 of the Indian Penal Code. Aggrieved with this cognizance order, the petitioner moved before the learned Sessions Judge, Hazaribag in Cr. Rev. No.31 of 2021 on the ground that Ss. 379 and 461 of the Indian Penal Code was not considered and cognizance under those Ss. have not been taken. The learned Sessions Judge, Hazaribag has discussed the case of the petitioner and after considering the arguments, came to the conclusion that there is no illegality in the order taking cognizance and dismissed the criminal revision filed by the petitioner.