BHOLA KUMAR BARMAN 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 the prayer to quash and set aside the order dtd. 9/6/2020 passed by learned Chief Judicial Magistrate, Dhanbad in connection with Jogta P.S. Case No.27 of 2019 corresponding to G.R. No.935 of 2020 whereby and whereunder the learned Chief Judicial Magistrate, Dhanbad has taken cognizance of the offence punishable under Sec. 498A read with 34 of the Indian Penal Code. Prayer has also been made to quash the entire criminal proceeding arising out of Jogta P.S. Case No.27 of 2019 corresponding to G.R. Case No.935 of 2020 as well.

(3.) Learned counsel for the petitioners submit that the charge has not yet been framed in this case and the next date of listing of this case is 27/11/2025 for appearance of the accused person. It is next submitted that the present case being the Jogta P.S. Case No.27 of 2019 is the second FIR in respect of the self-same occurrence for which Koderma Mahila P.S. Case No.05 of 2019 was lodged on 22/4/2019 in which the petitioners were also accused persons, hence, the FIR of this case is hit by Sec. 162 of the Cr.P.C.. It is lastly submitted that the prayer as prayed for in this Cr.M.P., be allowed.