SONI SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing of entire criminal proceeding arising out of Bank More P.S. Case No.184 of 2022 whereby F.I.R. has been registered for the offence under Ss. 419, 420, 406, 467, 468, 471, 506, 34 of the Indian Penal Code against the petitioners.

(2.) The first and principal ground of challenge is that a definite prayer has been made in Para 22 of the complaint petition for institution and investigation under Sec. 156(3) of the Code of Criminal Procedure, 1973 pursuant to which the learned Magistrate forwarded the same and police case has been registered. However, in the affidavit, there is no statement that the complainant had moved the police station for institution of the case which is in-contravention to the guidelines laid down by the Hon'ble Supreme Court in the case of Priyanka Srivastava and Another Versus State of U.P. and Others, (2015) 6 SCC 287 and Babu Venkatesh Versus The State of Karnataka, (2022) 5 SCC 639

(3.) Learned A.P.P. assisted by learned counsel on behalf of complainant submits that in para 21 of the complainant there is specific averment that the complainant had approached Bank More Police Station and no action was taken in the matter and suggested the complainant to file the case.