NAVDEEP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In all these cases, a common question of fact and law are involved and this is why, all these cases have been heard together with consent of the learned counsels appearing for the parties.

(2.) Heard Mr. M.S. Mittal, the learned Senior counsel appearing on behalf of the petitioners in Cr.M.P. No.627 of 2005, Cr.M.P. No.586 of 2006 and Cr.M.P. No.1902 of 2011], Mr. Ajit Kumar, the learned Senior counsel appearing on behalf of the petitioner in Cr.M.P. No. 140 of 2009, Mr. Sumeet Gadodia, the learned counsel appearing on behalf of the petitioner in Cr.M.P. No. 8 of 2012, Mr. Dhananjay Kumar Pathak, the learned counsel appearing on behalf of the petitioners in Cr.M.P. No. 644 of 2008, Cr.M.P. No. 769 of 2008, Cr.M.P. No. 140 of 2009 and Cr.M.P. No. 1902 of 2011, Mr. Nitin Kumar Pasari, the learned counsel appearing on behalf of the petitioners in Cr.M.P. No.195 of 2008 and Mr. Sidharth Roy, the learned counsel appearing on behalf of the petitioner in Cr.M.P. No. 2088 of 2017 as well as Mr. Nilesh Kumar, the learned counsel appearing on behalf of the respondent J.U.V.N.L. and Mrs. Priya Shrestha, Spl.P.P., Mrs. Nehala Sharmin, Spl.P.P., Mr. Fahad Allam, A.P.P., Mr.B.N.Ojha, A.P.P., Ms. Sushma Aind, A.P.P. and Mrs.Ruby Pandey, A.P.P. appearing on behalf of the respondent-State in respective cases.

(3.) In Cr.M.P.No. 2088 of 2017, the prayer has been made for quashing of the order taking cognizance dtd. 24/8/2016 as well as entire criminal proceedings in connection with Giddi P.S.Case No.17/07 (G.R.No. 477 of 07) registered under Sec. 379/427 of the I.P.C pending in the court of learned Additional District and Sessions Judge No.II cum Special Judge Electricity Act, Hazaribagh. In Cr.M.P.No. 627 of 2005, the prayer has been made for quashing of the First Information Report in connection with Saraikella, Adityapur P.S.Case No.156 of 2005 dtd. 11/6/2005, G.R. Case No.495 of 2005 under Sec. 39/44 of Indian Electricity Act, 1910 and Sec. 379 of I.P.C pending in the court of learned Judicial Magistrate, at Sarakiella. Subsequently, I.A. No.635 of 2023 has been filed challenging the order taking cognizance dtd. 6/4/2018. In Cr.M.P.No. 586 of 2006, the prayer has been made for quashing of the First Information Report in connection with Chandil P.S. Case No.54 of 2006 dtd. 23/4/2006, corresponding to G.R. Case No.289 of 2006 under Sec. 135 and 138 of the Electricity Act, 2003, pending in the court of learned Chief Judicial Magistrate, Saraikella Kharsawan. In Cr.M.P.No. 34 of 2007, the prayer has been made for quashing of the First Information Report in connection with Gamaharia P.S.Case No.1 of 2007 dtd. 3/1/2007, G.R. Case No.11 of 2007 under sec. 135 of the Electricity Act, 2003 and Sec. 379 of the I.P.C., pending in the court of learned Chief Judicial Magistrate, Saraikella Kharsawan. In Cr.M.P.No. 1767 of 2007, the prayer has been made for quashing of the First Information Report along with entire criminal proceeding initiated against the petitioner in connection with Ramgarh P.S. Case No.551 of 2007, G.R. No.4367 of 2007 under Sec. 379 of the I.P.C. and Sec. 135 of the Indian Electricity Act pending in the court of learned Chief Judicial Magistrate at Hazaribagh. In Cr.M.P.No. 195 of 2008, the prayer has been made for quashing of the First Information Report in connection with Ranchi Sadar, Namkum, P.S. Case No.24 of 2008, G.R. No.329 of 2008 under Sec. 135/126 of the Indian Electricity Act, 2003, pending in the court of leraned Chief Judicial Magistrate, Ranchi. In Cr.M.P.No. 247 of 2008, the prayer has been made for quashing of the First Information Report including its seizure list and the entire criminal proceeding initiated in connection with Muffasil (Giridih) P.S. Case No.46 of 2008, G.R. No.273 of 2008, under Sec. 379 of the I.P.C. and Sec. 39/44 of the Indian Electricity Act, pending in the court of learned Chief Judicial Magistrate, Giridih. In Cr.M.P.No. 455 of 2008, the prayer has been made for quashing of the entire criminal proceeding including the First information Report being Kotwali (Hindpiri) P.S.Case No.0188 of 2008, G.R. No.1091 of 2008 dtd. 18/3/2008, registered under Sec. 135/ 138 of the Indian Electricity Act, pending in the court of learned Chief Judicial Magistrate, Ranchi. In Cr.M.P.No. 557 of 2008, the prayer has been made for quashing of the First Information Report in connection with Deoghar (Town) P.S.Case No.83 of 2008, G.R. No.280 of 2008 under Sec. 379 of the I.P.C and Sec. 135 of the Indian Electricity Act, 2003, pending in the court of learned Chief Judicial Magistrate, Deoghar. In Cr.M.P.No. 644 of 2008, the prayer has been made for quashing of the First Information Report including its seizure list and the entire criminal proceeding initiated in connection with Ramgarh P.S. Case No.156 of 2008, G.R. No.1415 of 2008 under Sec. 379 of the I.P.C. and under Sec. 135 of the Indian Electricity Act, 2003, pending in the court of learned Chief Judicial Magistrate, Hazaribagh. In Cr.M.P.No. 769 of 2008, the prayer has been made for quashing of the First Information Report in connection with Chatra Sadar P.S.Case No.53 of 2008, G.R. No.212 of 2008 under Sec. 135 of the Indian Electricity Act, 2003 as also under Sec. 39 and 44 of the Indian Electricity Act, 2003 and Sec. 379 of the I.P.C, pending in the court of learned Chief Judicial Magistrate, Chatra. In Cr.M.P.No. 850 of 2008, the prayer has been made for quashing of the First Information Report including its seizure list and the entire criminal proceeding initiated in connection with Chandil P.S. Case No.99 of 2008, G.R. No.377 of 2008 under Sec. 379, 411 and 420 of the I.P.C and Sec. 135 of the Indian Electricity Act, pending in the court of learned Chief Judicial Magistrate, at Seraikella. In Cr.M.P.No. 860 of 2008, the prayer has been made for quashing of the First Information Report including its seizure list and the entire criminal proceeding initiated against the petitioner in connection with Ratu P.S.Case No.104 of 2008, G.R. No.2054 of 2008, under Sec. 135 /138 of the Indian Electricity Act, pending in the court of learned Chief Judicial Magistrate, at Ranchi. In Cr.M.P.No. 140 of 2009, the prayer has been made for quashing of the First Information Report in connection with Muffassil Hazaribagh (Sadar) P.S. Case No.63 of 2009, G.R.No.216 of 2009 under Sec. 126, 135 and 138 of the Indian Electricity Act, 2003 as also under Sec. 379, 420, 472, 474 of the I.P.C., pending in the court of learned Chief Judicial Magistrate, Hazaribagh. In Cr.M.P.No. 1902 of 2011, the prayer has been made for quashing of the entire criminal proceeding including the F.I.R and the seizure list in connection with Mandu P.S. Case No.109 of 2010, G.R. No.1195 of 2010, under Sec. 379/ 409 of the I.P.C. and Sec. 135, 138, 39/ 40 of the Indian Electricity Act, 2003, pending in the court of learned Chief Judicial Magistrate, Hazaribagh. In Cr.M.P.No. 08 of 2012, the prayer has been made for quashing of the entire criminal proceeding in connection with Giddi P.S.Case No.68 of 2011, G.R. No.2873 of 2011, registered under Sec. 420 of the I.P.C. and Sec. 135, 138 and 139 of the Indian Electricity Act, 2003, pending in the court of learned Judicial Magistrate, Hazaribagh. In Cr.M.P.No. 1799 of 2012, the prayer has been made for quashing of the entire criminal proceeding in connection with Chakulia P.S. Case No.60 of 2012, G.R. No.389 of 2012, under Sec. 135 and 152 of the Indian Electricity Act, 2003, pending in the court of learned Special Judge cum Additional Sessions Judge-I, Jamshedpur.