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2025 DAILYLAW 21295 (JHR)

SAHODARI DEVI v. STATE OF JHARKHAND

Cr.M.P./2420/2024 · 2025-03-11

Ambuj Nath

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 2420 of 2024 ------- Sahodari Devi, aged about 48 years, wife of Late Sitaram Chouhan, residence of at Kedla, 3 No.64 Colony, P.O. Kedla & P.S. Mandu (W.B.), District Ramgarh. …... …. Petitioner(s) Versus 1. The State of Jharkhand 2. Sanjay Kumar Gupta, son of Sri Kapildev Saw, residence of at Jharkhand Colliery 15 No., P.O. Kedla, P.S. Mandu (W.B.), District Ramgarh. .…. …. Opp. Parties -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner(s) : Mr. Vikas Kumar, Advocate Miss Apurva Shrestha, Advocate Mr. Niraj Kumar, Advocate For the State : Mr. P. D. Agrawal, Spl.P.P. -------- 03/ Dated 11.03.2025 Petitioner has filed this application for quashing of the order dated 12.03.2024 passed by Sri Sandeep Kumar Bertam, learned Additional Chief Judicial Magistrate, Ramgarh, in connection with Complaint Case No.53/2022, in which, prima facie case has been found to be true under Sections 406, 420 and 34 of the Indian Penal Code. On perusal of the memo of Complaint Case No.53/2022, It appears that petitioner had taken a loan of Rs.1,30,000/- from the opposite party No.2 and thereafter, she did not return the amount. Prima facie, this appears to be a case of civil dispute between the parties. At the very inception when the loan was given to the petitioner by the opposite party No.2, there was no element of deceit. In view of the aforesaid fact, the order dated 12.03.2024 in connection with Complaint Case No.53/2022 is hereby, quashed. Accordingly, this criminal miscellaneous petition is allowed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J.) BS/-