BIRENDRA KUMAR MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anil Kumar Sinha, learned counsel for the petitioner and Mr. Fahad Allam, learned counsel for the State.

(2.) This petition has been filed for quashing of the entire criminal proceeding in Koderma P.S. Case No.339/2007, corresponding to G.R. No.486/2007, pending in the Court of the learned Chief Judicial Magistrate, Koderma. The prayer is also made for quashing the order dtd. 18/3/2016 whereby process under Sec. 82 Cr.P.C. has been directed to be issued against the petitioner. The said order was challenged by way of filing I.A. No.5096 of 2016, which was allowed by this Court vide order dtd. 17/8/2016.

(3.) Learned counsel for the petitioner submits that no case is made out, so far as this petitioner is concerned. He submits that only allegation is there to the effect that the petitioner was doing the work of Computer Operator in the office of D.T.O. and with his connivance, the fake vehicle has been registered in the office of D.T.O., Koderma. He further submits that no case is made out. Even the petitioner is not chargesheeted as yet. He submits that so far as main accused are concerned, they have already been acquitted by the learned Court. He also submits that the learned Chief Judicial Magistrate, Koderma in mechanical way and without application of judicial mind passed the order dtd. 7/10/2015, whereby, warrant has been issued against the petitioner. On these grounds, he submits that the entire criminal proceeding may kindly be quashed.