2025:JHHC:11601-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Ref. No. 1 of 2021 In the matter of Complaint Petition Case No.1226 of 2010 – Complainant Tarun Gupta ... Petitioner --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner: Mr. R.S. Majumdar, Sr. Advocate (Amicus Curiae) --------- 05/Dated: 17.04.2025 M.S. Ramachandra Rao, C.J.(Oral) 1. We are of the opinion that the Judicial Magistrate 1st Class, Dhanbad ought not to have made this Reference under Section 395(2) of the Cr. P.C., since the question whether the order of the Orissa High Court passed in Article 226 of the Constitution of India quashing a complaint case pending before him, can as well be answered by him one way or the other, and if any party is aggrieved, they will question it in the appropriate forum. 2. Therefore, the Reference is closed. (M.S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) Manoj/Pramanik/Cp.2