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2025 DAILYLAW 4348 (JHR)

MR FRANCIS XAVIER BARA v. THE STATE OF JHARKHAND

W.P.(Cr.)/97/2025 · 2025-07-16

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:19359 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 97 of 2025 ------ Mr. Francis Xavier Bara, son of late Martin Bara, resident of Amarnath Garden C Block, Flat No. 201, Vikash Nagar Hesag, Road No. 9/4 P.O Hatia, P.S. Jagarnathpur, District- Ranchi, Jharkhand 834003 UID 4606 2452 4923, Mob. 9102230005. … Petitioner. Versus 1. The State of Jharkhand 2. Mr. Sateshwar Seth, son of Jagarnath Set, Resident of C/o Ishwar Dayal Sahu NH 33 IB, Near Sudha TVS Scooty Showroom, P.O and P.S. Bundu, District Ranchi, Jharkhand, 83520 UID 5133 3253 3758 Mob.- 94709 58022 ... Respondents. ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): M/s. Dilip Kr. Prasad and Durga Narayan, Advocates. For the State: Mr. Saurav Mahto, AC to GP-I For Opp. Party No. 2: Mr. Ayush Kr. Verma, Advocate. ------- 05/16.07.2025: Heard the learned counsel for the parties. 2. In this writ petition, the petitioner has prayed for following relief(s):- (a) For quashing the complaint Case No. 23893 of 2024 and entire criminal proceeding pending in the Court of learned Judicial Magistrate, 1st Class-VI, Ranchi. (b) For quashing the notice issued to the petitioner in complaint Case No. 23893 of 2024. 3. During course of argument, learned counsel for the petitioner submits that the cognizance in Complaint Case No. 23893 of 2024 has already been taken and the same has been challenged in Cr.M.P. No. 1617 of 2025. 4. Since the claim of the petitioner is that the cognizance has been taken by adopting wrong procedure, in my opinion, this separate writ petition is not maintainable. The petitioner is at liberty to take all these points which he has taken in this writ petition, while arguing Cr.M.P No. 1617 of 2025. 5. Accordingly, this writ petition stands disposed of. 6. Pending interlocutory application, if any, is also disposed of. Anu/-Cp3. (ANANDA SEN, J.)