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2019 DIGILAW 150 (JHR)

Ajay Singh @ Ajay Kumar Singh Son Of Kamla Kant Singh v. State Of Jharkhand

2019-01-16

SHREE CHANDRASHEKHAR

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JUDGMENT Shree Chandrashekhar, J. - Status on the stage in Nirsa P.S. Case No.44 of 2015, corresponding to G.R. No.609 of 2015 has been received by Mr. Ravi Prakash, the learned APP. 2. The learned APP tenders a copy of letter dated 13.01.2019. 3. Taken on record. 4. It is stated that co-accused- Abhay Singh who is the husband of the victim lady and co-accused- one lady of Vijayshree Colony are absconding. 5. The learned APP submits that that is the primary reason why trial in G.R. No.609 of 2015 has not progressed. 6. The petitioner seeks quashing of the entire proceeding arising out of Nirsa P.S. Case No.44 of 2015 which has been registered for the offence under section 498A/120B IPC and section 66(A)(C) of Information Technology Act, 2000. 7. Stand taken by the petitioner is that he is the elder brother-in-law of the informant and he, in fact, is residing at Asansol which is not the place of occurrence. 8. The learned APP submits that the aforesaid defence taken by the petitioner cannot be examined at this stage and all that the petitioner can do is to furnish copies of the documents which in his opinion are relevant for a fair investigation in the case. 9. I find substance in the objection taken by the learned APP. 10. Considering the stage in Nirsa P.S. Case No.44 of 2015 corresponding to G.R. No.609 of 2015, I am not inclined to interfere in the matter at this stage and accordingly, Cr. M.P. No.79 of 2016 is dismissed, however, with liberty to the petitioner to appear before the investigating officer within 4 weeks and furnish copies of the documents which he considers relevant for a fair investigation in the case, provided charge-sheet/final report has yet not been submitted in the case.