NAUSHAD MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P. S. Dayal, learned counsel appearing for the petitioners, Mr. Shailendra Jit, learned A.P.P. for the State and Mr. Prabir Chatterjee, learned counsel appearing for the opposite party no. 2.

(2.) This application is directed against the order dated 16.10.2015 passed in C.P. Case No. 1489 of 2011 by the learned Judicial Magistrate, 1st Class, Dhanbad by which the application for discharge preferred by the petitioners has been rejected.

(3.) It has been submitted by the learned counsel appearing for the petitioners that the allegation made in the complaint petition itself is falsified in view of the fact that the petitioner no. 1 had secured employment in B.C.C.L. in the year 1982 whereas it has been averred by the complainant that the petitioner has secured employment in place of his father after his father died in the year 2005. Learned counsel submits that some of the witnesses in the complaint petition have also stated about the fact that the petitioner no. 1 was in service prior to the death of the father of the complainant. Learned counsel further submits that without providing the information obtained under the Right to Information Act as has been stated by some of the witnesses the learned court below merely made assertion of the same and had dismissed the application for discharge preferred by the petitioners. It has also been submitted that there has been a considerable delay in instituting the complaint case and these facts have not been properly appreciated by the learned court below in the impugned order dated 16.10.2015.