AMITABH CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Das, learned counsel for the petitioner and Mr. Mahesh Tewari, learned counsel for the opposite party no. 2.

(2.) In this application the petitioner has prayed for quashing of the entire criminal proceedings in connection with Complaint Case No. 367 of 2014 including the order dated 02.03.2017 passed by the learned Chief Judicial Magistrate, Latehar whereby and whereunder cognizance has been taken for the offences punishable u/s 419, 465, 467, 471 and 120-B of the Indian Penal Code.

(3.) It has been submitted by the learned counsel for the petitioner that no offence is made out against the petitioner. Learned counsel for the petitioner submits that the petitioner has been implicated only because of the fact that the petitioner happens to the President of Jharkhand Cricket Association and the rival groups have sought to target the petitioner by imposition of a false criminal case against him. Learned counsel for the petitioner submits that the Police had found the case to be false which resulted in submission of final form but on a protest petition cognizance was taken by the learned court below without their being any prima facie case made out against the petitioner. It has also been submitted that the criminal case has been lodged at the instance of one Praven Kumar who had contested against the petitioner for the post of President in the Jharkhand State Cricket Association but had lost. Learned counsel for the petitioner further submits that at best the allegation can be made out against one Pankaj Kumar Singh who was the President of Latehar District Cricket Association and not the petitioner. It has therefore been submitted that since no prima facie case is made out against the petitioner the entire criminal proceedings as against the petitioner deserves to be quashed and set aside.