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2019 DIGILAW 87 (JHR)

Niraj Kumar Sharma v. State Of Jharkhand

2019-01-09

SHREE CHANDRASHEKHAR

body2019
JUDGMENT Shree Chandrashekhar, J. - Learned counsel for the petitioner states that deficit court-fee has been furnished by the petitioner. 2. The petitioner, who is one of the accused in Complaint Case No.1399 of 2017, seeks quashing of the said case primarily on the ground that on the same set of facts the complainant has lodged Garhwa P.S. Case No.315 of 2016 for the offence punishable under sections 498(A), 497, 120-B, 379, 452, 504, 506, 34 IPC and section 3/4 of Dowry Prohibition Act. 3. Mrs. Vandana Bharti, the learned APP appears for the State. 4. It is stated that trial in Garhwa P.S. Case No.315 of 2016 has commenced and the prosecution has examined some of its witnesses. 5. Garhwa P.S. Case No.315 of 2016 has been lodged for the offence under sections 498(A), 497, 120-B, 379, 452, 504, 506, 34 IPC and section 3/4 of Dowry Prohibition Act whereas Complaint Case No.1399 of 2017 has been lodged for the offence punishable under sections 498(A), 34, 497, 452, 504, 506 IPC and 3/4 of Dowry Prohibition Act. In Garhwa P.S. Case No.315 of 2016 seven persons have been made accused and in Complaint Case No.1399 of 2017 five persons have been made accused. 6. Faced with the aforesaid facts, after arguing for sometime, learned counsel for the petitioner seeks permission to withdraw this quash-petition with liberty to the petitioner to raise the aforesaid plea and any other plea which may be available to him, at the time of framing of the charge. 7. Accordingly, Cr. M.P. No. 2308 of 2018 stands dismissed as withdrawn with liberty to the petitioner, as prayed for.