Sheo Kumar Bhagat Alias Sheo Kumar ... vs The State Of Jharkhand And Anr on 26 October, 2016

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Jharkhand High Court

Sheo Kumar Bhagat Alias Sheo Kumar ... vs The State Of Jharkhand And Anr on 26 October, 2016

Bench: Rongon Mukhopadhyay

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Miscellaneous Petition No. 1922 of 2015
                                          ---

                  1.Sheo Kumar Bhagat @ Sheo Kumar Jaiswal son
                   of Ganga Ram Bhagat @ Ganga Bhagat resident of
                   Ishri Bazar, PO Isri Bazar, PS Nimiyaghat, District Giridih
                  2.Sachin Mishra @ Sachin Kumar Mishra S/o Anokha
                   Mishra, resident of village Dumri, PO & PS Dumri,
                   District Giridih at presently residing at Isri Bazar besides
                   Sheovalaya, PS Nimiyaghat, District Giridih... ...             Petitioners
                                        Versus
                  1.The State of Jharkhand
                  2.Chandrika Sahu @ Pappu Mishtri ...            ...      Opposite Parties
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                  CORAM        : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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                  For the Petitioners          : Mr. Arbind Kumar Sinha, Advocate
                  For the Opposite Party No. 1 : Mr. Krishna Shankar, A.P.P.
                                          ---

6/26.10.2016

It has been submitted that initially a complaint case was instituted before the learned Judicial Magistrate, Giridih which was sent to the police for registering FIR under Section 156(3) of Cr.P.C.. Learned counsel submits that upon investigation police has submitted final form and on protest petition filed by the opposite party no. 2 which was treated as a complaint petition which is verbatim to what has been stated in the earlier complaint petition, cognizance has been taken by the learned court below under Section 323, 341 & 379 of I.P.C. It has further been submitted that the petitioner has been implicated in a false case only because of the fact that the petitioner is the landlord of the shop the complainant is carrying on business.

Issue notice to the opposite party no. 2 as to why this application be not admitted and/or be disposed of at the admission stage itself for which requisites under registered cover with A/d as well as through ordinary process be filed by 09.11.2016.

Until further orders, there shall be stay of further proceedings in connection with Complaint/Protest Case No. 2044 of 2013 corresponding to T. R. No. 348 of 2015 pending in the court of Sri Shwaymbhu, learned Judicial Magistrate 1st class, Giridih.

(Rongon Mukhopadhyay, J) R. Shekhar Cp 3

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