DINA NATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the First Information Report including all subsequent proceeding arising out of Taljhari P.S. Case No.113 of 2019 corresponding to G.R. No.754 of 2019 registered for the offences punishable under Ss. 302, 201, 120 (B), 34 of the Indian Penal Code; which is pending in the court of learned Judicial Magistrate-1st Class, Rajmahal.

(3.) Learned counsel for the petitioners draws the attention of this Court towards page-21 of the brief and submits that the complainant/informant-Jogan Mahaldar filed Complaint Case No.965 of 2016 in the court of Chief Judicial Magistrate, Sahibganj. The same was forwarded to Borio (J) Police Station under Sec. 156 (3) of Cr.P.C. and consequent upon the same, Borio (J) P.S. Case No.60 of 2020 was registered but inadvertently even though the learned S.D.J.M. categorically forwarded the copy of the complaint to Borio (J) Police Station, Taljhari P.S. Case No.113 of 2019 has been illegally registered; without any basis. Hence, it is submitted that the First Information Report including all subsequent proceeding arising out of Taljhari P.S. Case No.113 of 2019 corresponding to G.R. No.754 of 2019 which is pending in the court of learned Judicial Magistrate-1st Class, Rajmahal, be quashed and set aside.