LAWS(JHAR)-2013-2-67

KANTI MAHANTY ROHINI Vs. STATE OF JHARKHAND

Decided On February 27, 2013
Kanti Mahanty Rohini Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that initially this application was filed for quashing of the first information report. Subsequently, after completion of the investigation, when the charge sheet was submitted, cognizance of the offence has been taken vide order dated 09/11/2011, which has been challenged in this interlocutory application. Prayed made in the interlocutory application is hereby allowed. Let this interlocutory application form part of this application. I.A. No. 858 of 2013 stands disposed of. Cr. M.P. No. 957 of 2011

(2.) HEARD the learned counsel appearing for the petitioner and the learned counsel for the State. Earlier this application was filed for quashing of the first information report of Chandil P.S. Case No. 120 of 2010 (G.R. No. 789/2010), instituted under Sections 420, 201, 120 B/34 of the Indian Penal Code against the petitioner and others.

(3.) MR . Gadodia, learned counsel appearing for the petitioner submits that accepting the entire allegations levelled against the petitioner to be true, the petitioner cannot be said to have defrauded or cheated the State Government and, as such, the petitioner cannot be said to have committed any offence under Section 420 of the Indian Penal Code as ingredients for constituting offence under Section 415 of the Indian Penal Code never gets attracted in the facts and circumstances of the case. In support of his submission he has referred to a decision rendered in a case of "Mohammed Ibrahim and Others versus State of Bihar and Another, reported in (2009) 8 SCC 751".