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2019 DIGILAW 101 (JHR)

Satya Prakash Sharma v. State Of Jharkhand

2019-01-10

SHREE CHANDRASHEKHAR

body2019
JUDGMENT Shree Chandrashekhar, J. - The petitioners are aggrieved of order dated 17.03.2016 by which cognizance of the offence under sections 448, 342, 504 r/w 34 IPC has been taken by the Chief Judicial Magistrate, Ranchi. 2. The stand taken by the petitioners is that registration of Kotwali P.S. Case No.17 of 2016 corresponding to G.R.Case No.289 of 2016 has been instituted for a fight for the property. It is also contended that it was a purely civil dispute and in the written report no allegation has been levelled against the petitioners which would constitute offences under sections 448, 342, 504 r/w 34 IPC. 3. Mr. Nehru Mahto, the learned APP appears for the State. 4. After arguing for sometime, faced with the difficulty that the statement of witnesses recorded under section 161 Cr.P.C has yet to be provided to the accused persons, the learned counsel for the petitioners seeks permission to withdraw this quash-petition with liberty to the petitioners to raise the aforesaid plea and any other plea which may be available to them in law, at the time of framing of the charge. 5. In view of the limited prayer made on behalf of the petitioners, without commenting upon the merits of the matter, Cr.M.P. No.129 of 2018 stands withdrawn with liberty to the petitioners, as prayed for.