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2004 DIGILAW 1251 (SC)

J. J. Irani v. State of Jharkhand

2004-09-17

P.P.NAOLEKAR, P.VENKATARAMA REDDI

body2004
ORDER : 1. Leave granted. 2. On a perusal of the statement of the complainant recorded by the Judicial Magistrate, Jamshedpur, no allegations or material facts which constitute the basis for a charge under Section 120B of Indian Penal Code against the appellant in connection with the issuance of an alleged false certificate by the other accused N.S.R. Murty, are made out. What all has been stated against the appellant by the complainant (2nd respondent) is: "I also wrote a letter to the Managing Director of Tata Company in this regard but I have not received any reply." In paragraph 6 of the complaint, it is stated that the Managing Director of the TISCO, Jamshedpur, did not take any objection to the issuance of the said certificate. These allegations/statements are so vague and non-specific that they cannot make out a case for proceeding against the appellant under Section 120B Indian Penal Code or for any criminal offence. 3. The contention that at this stage, the summons could not have been recalled by the Magistrate, does not deserve any consideration for the reason that the prayer for quashing the criminal proceedings is also made though the reference to Section 482 Criminal Procedure Code is omitted and in fact the High Court did consider the issue in that light. 4. The appeal is, therefore, allowed. The criminal proceedings against the appellant shall stand quashed.