MAHESH KUMAR KEJRIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By order dtd. 13/6/2017 notices were directed to be issued upon the O.P.No.2. Fresh notice was issued on 13/5/2022. It has been referred in the order dtd. 3/7/2023 that notice on behalf of the O.P.No.2 has been received by the staff and in view of that, on that day, fresh notices were directed to be issued upon the O.P.No.2 and liberty was provided to the petitioner to serve personally and file supplementary affidavit. By order dtd. 16/8/2023 the O.P.No.2 was directed to serve through learned lawyer who was appearing before the learned court on behalf of O.P.No.2 and by order dtd. 12/9/2023 the petitioner was directed to take substituted steps of notice by way of paper publication and pursuant to that, the petitioner has filed the affidavit annexing the paper publication. In spite of that, the O.P.No.2 has not appeared. In view of that, this matter is being heard in absence of the O.P.No.2.

(2.) Heard Mr. Jitendra S. Singh, the learned counsel appearing on behalf of the petitioner and Mr. Abhay Kumar Tiwari, the learned counsel appearing on behalf of the respondent State.

(3.) This petition has been filed for quashing of the entire criminal proceeding including order taking cognizance arising out of C.P. Case No.876 of 2012, corresponding to T.R. No.836 of 2012, pending in the court of learned Judicial Magistrate, 1st Class, Dhanbad.