Riyajuddin Hasim Son Of Late Kamruddin v. State Of Jharkhand
2019-01-16
SHREE CHANDRASHEKHAR
body2019
DigiLaw.ai
JUDGMENT Shree Chandrashekhar, J. - The petitioner seeks quashing of the entire criminal proceeding arising out of Madhupur P.S Case No. 472 of 2015 corresponding to G.R. Case No. 1214 of 2015 which has been registered for the offences under section 379, 411, 120B IPC read with section 34 IPC and under section 41 and 42 of the Indian Forest Act, 1927. 2. Stand taken by the petitioner is that the seized article in Madhupur P.S Case No. 472 of 2015 is same which forms part of G.O.C.R Case No. 38 of 2015 and that was the relevant consideration before the Sessions Court when the petitioner was granted anticipatory bail. 3. Mr. Azeemuddin, the learned A.P.P submits that on the aforesaid defence sought to be raised by the petitioner criminal proceeding arising out of Madhupur P.S Case No. 472 of 2015 cannot be quashed, at this stage. 4. I find substance in the objection raised by Mr. Azeemuddin, the learned A.P.P. All that the Court can do in the present proceeding is to direct the investigating officer to take note of the documents submitted by the petitioner which are relevant for finding the truth in the case. 5. Accordingly, Cr.M.P No. 97 of 2016 stands dismissed at this stage, with liberty to the petitioner to appear before the investigating officer on or before 16.02.2019 with proper intimation to him at least one week prior to the date when he intends to submit the documents which according to him are relevant for the purpose of investigation in the matter. In the meantime, charge-sheet/Final Form shall not be submitted till 16.02.2019.