Santosh Kumar vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

 This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to

COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

This petition has been filed for quashing the entire criminal proceeding including the order dated 26.05.2014 whereby the learned counsel of S.D.J.M.,

Koderma has taken cognizance of the offence against the petitioner under sections 394/412 of the I.P.C in connection with S.T.90/2014 (arising out of

Telaiya) P.S.Case No.333/13, corresponding to G.R.Case No.1675/13, pending in the court of learned Principal District Judge, Koderma.

The case was registered on the ferdbeyan of the informant stating therein that he was working as Cashier in Magma Fincorp Ltd. Telaiya and on

01.11.2013 15 9:45 a.m he along with one Pradeep Kumar Prajapati reached office. Thereafter, he handed over the keys of the office to one

Dharmveer Kumar in presence of the security guard Devta Nand Tiwary who opened the gate of the office. In the meantime four unknown persons

entered into the office and one of them pointing a revolver at him assaulted him. Thereafter the said person took away his purse and mobile and

another person took away key of the cash counter.

After that two other persons took the informant inside the office. Thereafter all the four criminals took away Rs.15,80,989/- from the cash room. Then

one of the dacoits took away Rs.10,000/- and Rs.1,96,900/-from the possession of Prajapati. After that those dacoits also took away Rs.3000/- cash,

ATM cards of SBI, ICICI, Bank of India, owner book of Pulsar Motorcycle of Pradeep Kumar Prajapati, a Nokia set, driving licence and cartridges

of the gun of security guard. Thereafter all the dacoits confined the informant and others inside the toilet and fled away. After that the informant and

others raised alarm by which the neighbours came and got out the informant and the others from the toilet. On the basis of the aforesaid allegation

F.I.R under section 394 of the IPC was instituted against the present petitioner.

The court has taken cognizance by order dated 26.05.2014 after looking into the entire records. There is no illegality in the impugned order.

Cr.M.P. No.213 of 2015 is accordingly dismissed.

I.A. if any also stands disposed of.