LAL RAJESH NATH SAHADEO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal miscellaneous petition has been filed on behalf of Lal Rajesh Nath Sahadeo with the prayer to quash the order taking cognizance under Sec. 417 and 493 of IPC dtd. 8/3/2017 passed by the learned A.C.J.M., Lohardaga in C.P. Case No. 366 of 2016 as well as the entire proceeding of the same C.P. Case number as against the petitioner pending in Court of learned A.C.J.M., Lohardaga.

(2.) The learned counsel for the petitioner has submitted that no alleged offence is made out against the petitioner. The learned trial court while taking the cognizance is not taken into consideration the unexplained delay of 14 years in lodging the complaint. Even if the entire prosecution case is taken to be correct, no offence under Sec. 417 and 493 of IPC is made out. In view of the above contended to quash the cognizance order and entire proceeding of the case pending against the petitioner.

(3.) The learned counsel for the op no.2 and learned APP for the State opposed the contentions made by the learned counsel for the petitioner.