Narendra Singh Tomar vs The State Of Jharkhand And Anr on 10 July, 2017

[Cites 3, Cited by 1]

Jharkhand High Court

Narendra Singh Tomar vs The State Of Jharkhand And Anr on 10 July, 2017

Bench: Rongon Mukhopadhyay

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr.M.P. No. 1572 of 2017
                                           ---
             Narendra Singh Tomar                       ...      ...     Petitioner
                                         Versus
             1. The State of Jharkhand
             2. Md. Kalam Azad @ M. K. Azad             ...      ...     Opp. Parties
                                         ---
      CORAM         : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
                                         ---
             For the Petitioner          : Mr. Jitendra S. Singh, Advocate
             For the Opp. Parties : A.P.P.
                                         ---
02/10.07.2017

It has been stated by Mr. Jitendra S. Singh, learned counsel appearing for the petitioner, that complaint petition was also dismissed under Section 203 of the Cr.P.C. but revision having been filed by the complainant, the same was allowed on 12.04.2017 on the ground that once the learned Chief Judicial Magistrate had transferred the case under Section 192(1) to the learned Judicial Magistrate there was no option left with the learned Judicial Magistrate but to take cognizance. Learned counsel further submits that after the order was passed by the revisional court cognizance has been taken by the learned Magistrate on 05.05.2017 for the offence punishable under Section 504 Indian Penal Code.

It has further been stated that the ingredients required for constituting an offence under Section 504 of the Indian Penal Code is lacking and in such circumstance, also the entire criminal proceedings as against the petitioner is liable to be quashed. Further submission has been advanced by the learned counsel for the petitioner that the order passed in Criminal Revision No. 235 of 2016 does not disclose as to whether the petitioner was ever noticed prior to hearing of the revision application preferred by the opposite party no. 2.

Issue notice to the opposite party No. 2 as to why this application shall not be admitted and/or disposed of at the admission stage itself, for which, requisite etc. under registered cover with A/D as well as under

ordinary process be filed by 17.07.2017.

List this case after appearance of the opposite party no. 2 under the heading "For Admission".

Until further order, the proceeding in connection with C.P. No. 204 of 2016 pending in the court of learned Judicial Magistrate, Dhanbad shall remain stayed.

(Rongon Mukhopadhyay, J.) Umesh/-

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