P. BALAJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anil Kumar Sinha, the learned Senior counsel appearing for the petitioner and Mr. Bishwambhar Shastri, the learned counsel appearing for the respondent State.

(2.) This petition has been filed for quashing the F.I.R as well as entire criminal proceeding arising out of Lalpur P.S.Case No.215 of 2013 dtd. 19/8/2013, G.R.No.4598 of 2013, pending in the court of learned Judicial Magistrate, Ranchi.

(3.) Mr. Anil Kumar Sinha, the learned Senior counsel appearing for the petitioner submits that the first accused person is a private limited Indian company that manufacturers and sells several models of mobile phone handsets in various cities of India under the brand name of NOKIA. The second accused person is the managing director of the first accused company. He submits that the complainant had purchased NOKIA E6-00 through local dealer. On purchase of the same on 16/8/2012 from authorized show room of the said company 'accused no.4 in the complaint petition on payment of Rs.17,616.00 the complainant on his own purchased 32GB card at Kolkata as aforesaid and the said card was not read by the said mobile handset. The complainant visited NOKIA care centre at Ranchi and it was pointed out that the same was defective and on these background the FIR was registered. However, the company has further replaced the mobile handset in favour of the complainant. He submits that on these background the FIR has been registered and till date, according to the status report, charge sheet has not been submitted and as such, the criminal proceeding will amount to abuse of process of law.