ANUP KUMAR JHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has questioned the legality of the order dated 12.08.2013 passed by learned Chief Judicial Magistrate, Deoghar in connection with T.R. Case No.330 of 2013 whereby and whereunder the petition filed by the petitioner for his discharge under Section 239 of the Code of Criminal Procedure (in short 'the Code'), has been rejected.

(2.) At the instance of informant Praveen Kumar Patel, a resident of Florida, America, Deoghar Town P.S. Case No.183 of 2011 was instituted under Sections 452/380 of the Indian Penal Code with the allegation that he used to come and stay in his two storied residential house in Brij Bihari Lane, Deoghar from America almost at a gap of 2-3 years. In his absence he used to lock his house of Deoghar and one priest of Deoghar, Panda Sudhir Narone has been entrusted to look after the maintenance of his house. The mother of the informant Madhu Ben Patel lives with the informant in America and very rarely she comes to Deoghar. Almost two months back, the informant got a telephonic call from his priest that he has seen light inside the house of the informant and somebody has placed a name plate inscribed as Shanti Panda on the main gate of the house. The said priest Narone on several occasions found this petitioner going inside the house and possibly the petitioner has broken the lock of the house of the informant. After receiving the said information, he came to Deoghar and found a lock hanging on the door and also found the name plate of one Shanti Panda on the main gate of the house. On 29.06.2011, at about 12.00 noon, he saw a person standing at the door of his house and on enquiry he disclosed his name as Anup Kumar Jha, the petitioner. The informant entered into the house and found that his valuable articles were missing. The informant claimed that the said person with criminal intention entered in his house and has committed theft of the valuable articles.

(3.) After completion of investigation, the police submitted the charge sheet against the petitioner. The learned Chief Judicial Magistrate, Deoghar on perusal of charge-sheet and police papers took cognizance of the offence under Sections 452 and 380 of the Indian Penal Code. Thereafter, the petitioner filed a petition for his discharge as indicated above but the same was rejected by order impugned holding that there are sufficient materials available on record for framing charge against the petitioner.