ASHOK KUMAR 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 the prayer to set aside the order dtd. 7/12/2023 passed by the learned Sessions Judge, Palamau at Daltonganj in Criminal Revision No. 52 of 2023 whereby and where under the learned Sessions Judge, Palamau at Daltonganj dismissed the Criminal Revision and confirmed the order passed by the learned Judicial Magistrate-1st Class, Palamau at Daltonganj in connection with Complaint Case No. 983 of 2015 whereby and where under the learned Judicial Magistrate-1st Class, Palamau at Daltonganj has discharged the accused-opposite party No.2 consequent upon the failure of the petitioner-complainant to produce any evidence before charge even though the petitioner was given the opportunity to produce the same over a period of several years.

(3.) The brief fact of the case is that the petitioner filed Complaint Case No. 983 of 2015. The cognizance of the offences punishable under Sec. 420 of the Indian Penal Code and Sec. 138 of the N.I. Act was taken on 29/5/2017. The accused persons appeared in the trial court and were released on bail. The complainant was directed to produce evidence before charge but the complainant did not produce evidence before charge and was negligent by continuously remaining absence in the court of the learned Judicial Magistrate-1st Class, Palamau at Daltonganj starting from 9/9/2021 onwards and ultimately, the evidence before charge was closed on 24/4/2023 without the petitioner examining a single witness or producing any evidence whatsoever and on 26/4/2023, the accused-opposite party No.2 herein was discharged in the absence of any evidence before charge whatsoever. Against the order dtd. 26/4/2023 passed by the learned Judicial Magistrate-1st Class, Palamau at Daltonganj, the petitioner filed Criminal Revision No. 52 of 2023 in the court of the learned Sessions Judge, Palamau at Daltonganj. The learned Sessions Judge, Palamau at Daltonganj considered that there was no irregularity or impropriety in the order impugned before it and dismissed the Criminal Revision.