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Rajiv Ranjan Mishra vs The State Of Jharkhand
2021 Latest Caselaw 1744 Jhar

Citation : 2021 Latest Caselaw 1744 Jhar
Judgement Date : 9 April, 2021

Jharkhand High Court
Rajiv Ranjan Mishra vs The State Of Jharkhand on 9 April, 2021
   IN THE HIGH COURT OF JHARKHAND AT RANCHI

               Cr. M.P. No. 1815 of 2012

   Rajiv Ranjan Mishra, S/O of Baidnath Mishra, resident of
   Village-Cheter    PO-Gumla,   P.S.-Gumla,   District-Gumla,
   Jharkhand                            ...    ...     Petitioner
                          Versus
1. The State of Jharkhand
2. Shri Punai Oraon S/O Not known to the petitioner at Present,
   The Deputy Development Commissioner, Gumla at Gumla Po.
   Gumla P.S. Gumla District Gumla ...         Opposite Parties

                        With
               Cr. M.P. No. 1840 of 2012

   Krishna Nandan Giri, Son of Late Brinda Giri, resident of
   village- Bataspur PO&PS Bodhgya District Gaya Bihar
                                         ...    ...     Petitioner
                          Versus
1. The State of Jharkhand
2. Shri Punai Oraon S/O Not known to the petitioner at Present,
   The Deputy Development officer Gumla at Gumla Po. Gumla
   P.S. Gumla District Gumla ...       ...        Opposite Parties

                         With
                Cr. M.P. No. 33 of 2012

   Ramyatan Sahu, Son of Shri Ropna Sahu, resident of Bazar
   Tand Sisai PO&PS Sisai District Gumla Jharkhand
                                          ...    ...   Petitioner
                          Versus
1. The State of Jharkhand
2. Shri Punai Oraon S/O Not known to the petitioner at Present,
   The Deputy Development officer Gumla at Gumla Po. Gumla
   P.S. Gumla District Gumla ...         ...       Opposite Parties

                        With
               Cr. M.P. No. 1902 of 2013

    Chandralekha Devi, S/O Shri Manu Gope, resident of - Shastri
    Nagar Gumla, PO+P.S. -Gumla, District - Gumla Jharkhand
                                          ...   ...     Petitioner
                           Versus
 1. The State of Jharkhand
 2. The Deputy Development commissioner Gumla at Gumla Po.
    Gumla P.S. Gumla District Gumla ...         Opposite Parties

                        With
               Cr. M.P. No. 1846 of 2012
                                                  2




               Sanjay Kumar, S/o Shri Tarkeshwar Prasad, resident of - Milan
               Chowk Chhatar Bagicha, PO_P.S._LohardAga, District -
               Lohardaga Jharkhand                  ...      ...    Petitioner
                                      Versus
            1. The State of Jharkhand
            2. Shri Punai Oraon S/O Not known to the petitioner at Present,
               The Deputy Development officer Gumla at Gumla Po. Gumla
               P.S. Gumla District Gumla ...        ...       Opposite Parties

                                             With
                                    Cr. M.P. No. 853 of 2014

                   Vidya Mishra, Wife of Tarkeshwar Pandey, resident of Village -
                   Soso More Lohardaga Road Gumla, P.S. -Gumla, PO- Gumla
                   District - Gumla Jharkhand.           ...     ...     Petitioner
                                          Versus
                1. The State of Jharkhand
                2. Shri Punai Oraon S/O Not Known to the petitioner at Present
                   the District Development officer Gumla having office at Town
                   Hall Gumla Po. Gumla P.S. Gumla District Gumla
                                               ...      ...       Opposite Parties
                                          ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

Through Video Conferencing

07/09.04.2021

1. Heard Mr. Kripa Shankar Nanda, learned counsel appearing on behalf of the petitioners.

2. Heard Mrs. Nehala Sharmin, learned counsel appearing on behalf of opposite party-State in Cr. M.P. Nos. 1840/2012, 1902/2013 and 1846/2012.

3. Heard Mr. Satish Prasad, learned counsel appearing on behalf of opposite party-State in Cr. M.P. No. 853/2014.

4. Heard Mr. Vijay Kumar Sinha, learned counsel appearing on behalf of opposite party-State in Cr. M.P. No. 33/2012.

5. All these petitions have been filed for the following reliefs: -

"That in the instant application is being filed on behalf of the petitioner above named for quashing of First Information Report registered as Gumla Ps Case No 337/11 corresponding to GR No 1110/11 registered for

the offence under Section 467, 468, 471, 420, 406, 409 and 120B of the Indian Penal Code as well as entire criminal proceeding as against the petitioner in connection with present case as same is in violations of provisions of Cr.Pc which is presently pending in the court of CJM Gumla awaiting final form."

Arguments of the petitioners

6. Learned counsel for the petitioners has argued these cases together as they arise out of Gumla P.S. Case No. 337/2011 dated 12.12.2011 registered under Sections 467, 468, 471, 420, 406, 409 and 120-B of the Indian Penal Code and in all these cases, the respective petitioners have filed petition for quashing of the First Information Report in view of the fact that on identical facts and arising out of agreements entered into between the respective petitioners and the Government various cases have been registered earlier. The learned counsel submits that the point involved in these cases is squarely covered by the judgment passed by this Court in the case of co-accused in W.P. (Cr.) No. 32 of 2012 disposed of vide order dated 07.05.2019 arising of same Gumla P.S. Case No. 337/2011.

7. The learned counsel submits that in the present FIR, the allegations were leveled in connection with different agreements executed by the various persons including the petitioners and in connection with each of the present petitioners, different First Information Reports were registered earlier arising out of the corresponding agreements which are involved in this case as well, which is a consolidated FIR. The learned counsel has further submitted that in all the earlier cases which were registered against the present petitioners different charge-sheets have been submitted in respective earlier cases and trial is pending. The learned counsel has submitted that in all these cases, the respective petitioners have

annexed the present F.I.R. at Annexure-1 and have also annexed the corresponding agreements/work orders which were issued to the respective petitioners. The copy of the earlier FIR/ charge-sheet is also on record which relate to the respective previous correspondent cases.

8. He submits that W.P. (Cr.) No. 32/2012 was filed by one Anupama Kumari who was the Secretary of an NGO, namely, Navneet Jagriti Manch, Gumla which was awarded the work for plantation of Jetropha plant over 97 acres of land in different villages of Gumla district. She was accused in Gumla P.S. Case No. 337/2011 alleging that bills and vouchers submitted by her were forged. In connection with the same agreement, earlier Gumla P.S. Case No. 148/2008 was registered against her for misappropriation and defalcation of Government money by submitting forged and fabricated papers. The learned counsel has submitted that this Court while disposing of the writ petition being W.P. (Cr.) No. 32 of 2012 found that the allegations made in the present F.I.R. against Anupma Kumari was registered for the same facts and for the same cause of action and accordingly, it was made clear that if any charge- sheet is filed in Gumla P.S. Case No. 337 of 2011, the same shall be treated as supplementary charge-sheet to the charge-sheet submitted in the earlier Gumla P.S. Case No. 148 of 2008 and it was also directed that the proceedings in Gumla P.S. Case No. 337 of 2011 as against the said petitioner to be kept in abeyance. This Court while disposing of the said writ petition had also directed that if the petitioner of the said case was facing trial in earlier case i.e. Gumla P.S. Case No. 148 of 2008, the investigation conducted in Gumla P.S. Case No. 337 of 2011 was also be treated as part of the investigation conducted in the earlier case and it was directed that the petitioner shall face the

trial in the earlier case in which the charge-sheet was already submitted against her.

9. The learned counsel has emphatically submitted that the present cases are squarely covered by W.P. (Cr.) No. 32/2012. In all the present cases earlier F.I.Rs. were registered in connection with violation of the agreement/misappropriation of the fund and other related offence and the present F.I.R. has been lodged with a few further allegations though based on the same cause of action. He submits that in view of the judgment passed by Hon'ble Court in the case of T.T. Anthony vs. State of Kerala reported in (2001) 6 SCC 181 which has been relied upon by this Court while disposing of W.P. (Cr.) No. 32 of 2012, similar order as that of W.P. (Cr.) No. 32/2012 may be passed in the present cases also.

10. The learned counsel submits that so far as the investigation against these petitioners in the present FIR is concerned, the investigation has already been completed.

Arguments of the opposite party-state

11. The learned counsels appearing on behalf of opposite party-State in all these cases, on the other hand, have submitted that on account of interim relief granted by this Court, the investigation has not proceeded and accordingly not completed in the present cases. The learned counsels have also submitted that since the investigation in the present cases is also required to be taken to a logical end and supplementary charge-sheet, if any, is required to be filed in the corresponding pending cases in connection with the respective petitioners, the interim order may also be vacated and the petitioner may be directed to co- operate with the further investigation of the case such that appropriate steps be taken at the earliest. They have also submitted that the petitioner may be directed to furnish their

mobile numbers and a self-attested photocopy of the Aadhar Card before the learned court below such that the investigation of the allegations which have been leveled in Gumla P.S. Case No. 337 of 2011 is taken to a logical end and expeditious trial is ensured.

12. The learned counsels have also submitted that warrant of arrest/summons were also issued against some of the present petitioners, but in view of interim orders of no coercive steps granted by this Court, no further steps could be taken. However, during the course of argument, it is not in dispute that the judgments passed by this Court in W.P. (Cr.) No. 32 of 2012 dated 07.05.2019 in connection with the co-accused, namely, Anupama Kumari has attained finality and the learned counsels appearing on behalf of opposite party-State have not been able to show any distinguishing feature, so far as the present cases are concerned.

Findings of this Court

13. After hearing the learned counsels for the parties, the case-wise details are as under.

Cr. M.P. No. 1815 of 2012 The allegation against the petitioner is that being the Secretary of NGO, namely, MITRA, he received a sum of Rs. 47,47,974/- for plantation of Jetropha against the estimated amount of Rs. 50,56,000/- and submitted 57 bill vouchers and photocopy of 148 muster Rolls for an amount of Rs. 23,89,469/-, but, upon physical verification, it was reported that the plantation was done only on 34 acres of land, although he was supposed to do the plantation in the area of about 500 acres of land. The plantation was to be done as per agreement with D.R.D.A., Gumla.

It is the specific case of the petitioner that for the self-same cause of action, a criminal case was already lodged being

Ghaghra P.S. Case No. 46/2008 corresponding to G.R. No. 541/2008 and the case is sub-judice and is pending for trial. The final form in connection with Gumla/Ghaghra P.S. Case No. 46/2008 corresponding to G.R. No. 541/2008 has been annexed showing that the charge-sheet was submitted vide charge-sheet No. 135/2010 under Section 420, 406 and 34 of the Indian Penal Code.

From perusal of the counter-affidavit, the allegation is reiterated that the petitioner being the Secretary of NGO, namely, MITRA received a sum of Rs. 47,47,974/- against estimated amount of Rs. 50,56,000/- for plantation of Jetropha in 500 acres of Ghaghra and Sisai Block, but work was done only in 34 acres of land.

An affidavit has been filed by the State in Cr. M.P. No. 1840/2012, wherein it has been stated that so far as the status of the case is concerned, there are interim orders in all the three cases i.e., Cr. M.P. Nos. 1815/2012, 2644/2012 and 1840/2012 as no coercive steps shall be taken against the petitioners in Gumla P.S. Case No. 337/2011 pending in the court of learned Chief Judicial Magistrate, Gumla, so there is no further investigation in these cases.

Cr. M.P. No. 1840/2012 The present case has been registered against the petitioner who is said to be the President of NGO, namely, Gramin Punarnirman Sahakrita Sansthan, alleging that he received a sum of Rs. 29,35,835/- for plantation of Jetropha against the estimated amount of Rs. 52,58,240/- and further Rs. 17,15,954/- for plantation of mixed fruit from the office of the opposite party No.-2 out of estimated amount of Rs. 23,35,900/- and submitted 66 bill vouchers and photocopy of 282 muster Rolls for amount of Rs. 38,65,147/-, but, upon physical verification, it

was reported that the plantation was done only on 50 acres of land, although it was supposed to be in area of about 126 acres. On 06.07.2008, one F.I.R. being Kamdara P.S. Case No. 36/2008 was registered on the allegation that the organization of the petitioner has submitted false report, bills and vouchers and after investigation, the charge-sheet was already submitted in the said case. The final form has been annexed and the charge- sheet has been submitted vide charge-sheet No. 40/2010 dated 30.11.2010 in Gumla/Kamdara P.S. Case No. 36/2008 corresponding to G.R. No. 584/2008 under Sections 420, 467, 468 and 471 of the Indian Penal Code.

It is the specific case of the petitioner that for the self-same cause of action, earlier Gumla/Kamdara P.S. Case No. 36/2008 corresponding to G.R. No. 584/2008 was filed in which trial is in progress.

A counter-affidavit has been filed in the present case which indicates that on account of interim order of no coercive steps, no further investigation was carried out in the present case and as per Annexure-A/1, warrant has been issued against the petitioner on 16.06.2012 by the learned court below, but due to interim order passed by this Court, the operation of the warrant was kept in abeyance till further orders vide order dated 10.10.2012 and therefore ultimately, the investigation in the case could not be completed.

An affidavit has been filed by the state in Cr. M.P. No. 1840/2012, wherein it has been stated that so far as the status of the case is concerned, there are interim order in all the three cases i.e., Cr. M.P. Nos. 1815/2012, 2644/2012 and 1840/2012 as no coercive steps shall be taken against the petitioners in Gumla P.S. Case No. 337/2011 pending in the court of learned

Chief Judicial Magistrate, Gumla, so there is no further investigation in these cases.

Cr. M.P. No. 33 of 2012 The allegation against the petitioner is that the petitioner being the Secretary of NGO, namely, Gramin Punarnirman Sahakrita Sansthan received a sum of Rs. 29,35,835/- for plantation of Jetropha against the estimated amount of Rs. 52,58,240/- and further Rs. 17,15,954/- for plantation of mixed fruit from the office of the opposite party No.-2 out of estimated amount of Rs. 23,35,900/- and submitted 66 bill vouchers and photocopy of 282 muster Rolls for amount of Rs. 38,65,147/-, but, upon physical verification, it was reported that the plantation was done only on 50 acres of land, although it was supposed to be done in an area of about 126 acres.

Earlier on 06.07.2008, one FIR being Kamdara P.S. Case No. 36/2008 was registered against the petitioner on the allegation that the organization has submitted false report, bills and vouchers. The police entered into the investigation and submitted charge-sheet against the petitioner which is on record.

Upon perusal of the charge-sheet, it appears that the same is numbered as Gumla/Kamdara P.S. Case No. 36/2008 corresponding to G.R. No. 584/2008 and the charge-sheet has been submitted vide charge-sheet No. 40/2010 dated 30.11.2010 under Sections 420, 467, 468 and 471 of the Indian Penal Code. It is the specific case of the petitioner that for the self-same cause of action, earlier Gumla/Kamdara P.S. Case No. 36/2008 corresponding to G.R. No. 584/2008 was filed in which trial is in progress.

A counter-affidavit has been filed in the present case, wherein it has been mentioned that upon physical verification, the petitioner-NGO has done plantation of work of Mango tree in

70 acres of land against sanctioned area of 133.48 acres and only 139 plants were found against 25762 plants. It also mentions that the enquiry report regarding Jetropha plant by the petitioner indicates that the work has been done over 115.92 acres out of sanctioned area of 520 acres and found only 31487 Jetropha plants out of total of 3,46,320 plants.

Cr. M.P. No. 1902/2013 The allegation against the petitioner is that the petitioner, being the Secretary of NGO, namely, ADISHAKTI MAHILA KALYAN SAMITI GUMLA, received a sum of Rs. 27,53,628/- for plantation of Jetropha against the estimated amount of Rs. 47,06,327/- and submitted 30 bill vouchers and photocopy of 82 muster Rolls for amount of Rs. 18,88,936/- and further received a sum of Rs. 8,80,776/- for plantation of mango tree within an area of 69.10 acres against the total estimated amount of Rs. 12,09,250/- and submitted 49 muster Rolls and 22 bills and vouchers, but, upon physical verification, it was reported that the plantation was done only on 127.45 acres of land (Jetropha) and 41.85 acres of land (Mango), although it was supposed to be done within an area of about 465.42+69.10 acres. It is stated that for the alleged defalcation of the amount paid, two different cases in two different police stations were registered. They are Sisai P.S. Case No. 90/2008 for offence under Sections 409, 467, 420, 468, 471 and 34 of the Indian Penal Code in connection with Jetropha plantation and Gumla P.S. Case No. 149/2008 under Sections 409, 467, 420, 468, 471 and 34 of the Indian Penal Code in connection with Mango tree plantation. It is further stated that after completion of the investigation in earlier two cases, charge-sheets have been submitted in both the cases which are on record. It is the specific case of the petitioner that for the self-same cause of action, two criminal cases were lodged earlier; one for

Jetropha plantation and another for Mango tree plantation being Sisai P.S. Case No. 90/2008 corresponding to G.R. No. 539/2008 and Gumla P.S. Case No. 149/2008 corresponding to G.R. No. 543/2008 respectively, in which, charge-sheets have been submitted and the trial is in progress.

Upon perusal of the charge-sheet filed in the aforesaid two cases, it appears that in Gumla/Sisai P.S. Case No. 90/2008, charge-sheet has been submitted vide charge-sheet No. 24/2011 dated 24.03.2011 corresponding to G.R. No. 539/2008 under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code and Gumla P.S. Case No. 149/2008 corresponding to G.R. No. 543/2008, charge-sheet has been submitted vide charge-sheet No. 69/2010 on 31.03.2010 under Sections 467, 468, 471, 406, 420 and 34 of the Indian Penal Code.

No separate counter-affidavit, as such, has been filed in the present case in spite of order dated 26.09.2013.

Cr. M.P. No. 1846/2012 The allegation against the petitioner is that the petitioner is being Secretary of NGO, namely, Plus Foundation received a sum of Rs. 45,86,143/- for plantation of Jetropha against the estimated amount of Rs. 81,87,469/- and submitted 77 bill vouchers and photocopy of 92 muster Rolls for amount of Rs. 26,68,011/- and further received a sum of Rs. 16,84,578/- for plantation of Mango tree within an area of 142.74 acres against the total estimated amount of Rs. 24,97,950/- and submitted 55 muster Rolls and 14 bills and vouchers. However, upon physical verification, it was reported that the plantation was done only on 193.60 acres of land, although he was supposed to do within the area of about 809.68 acres.

It has been stated that earlier one FIR was instituted against the organization being Sisai P.S. Case No. 93/2008 for offence under Sections 409, 467, 420, 468, 471 and 34 of the Indian Penal

Code and another FIR was registered being Sisai (Bharno) P.S. Case No. 94/2008 for offence under Sections 409, 467, 420, 468, 471 and 34 of the Indian Penal Code and in both the cases charge-sheets have been submitted.

It is the specific case of the petitioner that for the self-same occurrence, two criminal cases have been registered; one is Sisai P.S. Case No. 93/2008 corresponding to G.R. No. 551/2008 and another is Sisai (Bharno) P.S. Case No. 94/2008 corresponding to G.R. No. 552/2008 and the trial is pending before the learned court below.

A supplementary-affidavit has been filed on behalf of the petitioner annexing therewith the charge-sheets in the aforesaid previous two cases. The Charge-sheet was filed in Gumla/Sisai P.S. Case No. 93/2008 corresponding to G.R. No. 551/2008 vide charge-sheet No. 45/2010 dated 31.05.2010 under Sections 420, 409, 467, 468, 471 and 34 of the Indian Penal Code and also in Sisai (Bharno) P.S. Case No. 94/2008 corresponding to G.R. No. 552/2008 vide charge-sheet No. 12/2010 dated 31.03.2010 under Sections 420, 409, 467, 468, 471 and 34 of the Indian Penal Code.

No counter-affidavit, as such, has been filed in the instant case in spite of order dated 10.10.2012.

Cr. M.P. No. 853 of 2014 The allegation against the petitioner is that the petitioner being the Secretary of NGO, namely, Gyanshsri received a sum of Rs. 1,66,66,800/- from the office of opposite party No.-2 out of estimated amount of Rs. 303,33,600/- and submitted 33 bill vouchers and photocopy of 144 muster Rolls for amount of Rs. 16,82,308/-, but, upon physical verification, it was reported that the plantation was done only on 50 acres of land, although it was supposed to be done in the area of 300 acres.

It is the specific case of the petitioner that earlier one FIR being Raidih P.S. Case No. 45/2008 dated 22.06.2008 was filed against the petitioner on the allegation that the organization has submitted false report, bills and vouchers. The police entered into the investigation and submitted charge-sheet. The charge- sheet has been annexed with the present petition. It is apparent that the charge-sheet has been filed in Gumla/Raidih P.S. Case No. 45/2008 vide charge-sheet No. 75/2010 dated 31.10.2010 corresponding to G.R. No. 538/2008 under Section 467, 468, 471, 406, 420 and 34 of the Indian Penal Code.

It is the specific case of the petitioner that the respondents cannot be allowed to continue with the present case as they have already filed criminal case being Raidih P.S. Case No. 45/2008 for the same cause of action, in which, charge-sheet has already been submitted and trial is going on. A counter-affidavit has been filed in the present case. From perusal of the records of the this, it appears that this case was earlier filed as a writ petition being W.P. (Cr.) No. 412/2011 and vide order dated 23.12.2011, an interim order was passed in favour of the petitioner of no coercive steps in connection with Gumla P.S. Case No. 337/2011 corresponding to G.R. No. 1110/2011 and the interim order was continued vide order dated 13.01.2012. Subsequently, vide order dated 22.03.2014, the counsel for the petitioner was permitted to convert the writ petition into criminal miscellaneous petition and consequently W.P. (Cr.) No. 412/2011 was converted into Cr. M.P. No. 853/2014. From perusal of the status report received from the learned court below, it appears that trial in Raidih P.S. Case No. 45/2008 corresponding to G.R. No. 531/2008 is in progress.

14. Having heard the learned counsel for the petitioners and on perusal of the corresponding First Information

Reports/charge sheet registered earlier in each of the cases as mentioned above, it is apparent that the allegations against the respective petitioners were levelled with respect to the same facts and in connection with the same cause of action as narrated in Gumla P.S. Case No. 337/2011. The case of the petitioners is squarely covered by the judgement passed by a Co-ordinate Bench of this Court in the case being W.P. (Cr.) No. 32 of 2012 which has been heavily relied upon by the learned counsel appearing on behalf of the petitioners. In W.P. (Cr.) No. 32 of 2012, this Court has held that in view of the ratio laid down in the case of T. T. Anthony vs. State of Kerala(Supra),para 19 to 21 as quoted in the said judgement, the 2nd F.I.R lodged, for the same cause of action, is not tenable in law. The operative portion of the order passed in W.P. (Cr.) 32 of 2012 is quoted as under: -

"Learned counsel for the petitioner has also submitted that the investigation in the present case has not been completed as yet. Accordingly it is made clear that if the charge-sheet is filed in the instant case that shall be treated as supplementary charge-sheet to the charge-sheet submitted in the case of Gumla P.S. Case No. 148 of 2008. That Gumla P.S. Case No. 337 of 2011 which was instituted later on is not in accordance with law, therefore, the proceeding in Gumla P.S. Case no. 337 of 2011 shall be kept in abeyance. If the petitioner is facing trial in the earlier case, i.e., Gumla P.S. Case No. 148 of 2008, the investigation conducted in the instant case shall also be treated as part of the investigation conducted in the earlier case. Thus, the petitioner shall face the trial in the case in which the charge-sheet has been submitted."

It is not disputed by the learned counsel for the State that the instant FIR has been registered for the same cause of action. It has also not been disputed by the learned counsel for the State that the present cases are covered by the ratio of the judgement passed in W.P. (Cr.) No. 32 of 2012, which has attained finality. It is also not in dispute that the respective petitioners are facing

trial in the earlier respective cases. Learned counsels for the State have also submitted that the investigation in the present cases have not been completed as yet in view of interim orders passed by this Court.

15. In view of the ratio of the judgement passed in W.P. (Cr.) 32 of 2012, the proceeding in present FIR being Gumla P.S. Case No. 337 of 2011 shall be kept in abeyance with respect to each of the petitioners. As the petitioners are facing trial in the respective earlier cases, the investigation in Gumla P.S. Case No. 337 of 2011 shall also be treated as part of the investigation conducted in the corresponding earlier cases by filing supplementary- charge sheet.

16. The petitioners are directed to fully co-operate with the investigation of the present case and in order to ensure full cooperation of the petitioners they are directed to furnish their Mobile Numbers as well as a self-attested photocopy of Aadhar Card before the learned court below in connection with Gumla P.S. Case No. 337 of 2011 said to be pending in the court of learned Chief Judicial Magistrate, Gumla awaiting final form. The petitioners are also directed to produce a copy of this order before the corresponding cases in which they are facing trial. The opposite party -state is directed to complete the investigation of the case at the earliest.

17. Interim orders stand vacated. It is important to note that Cr. M.P. No. 853/2014 was earlier filed as a writ petition being W.P. (Cr.) No. 412/2011 and vide order dated 23.12.2011, an interim order was passed in favour of the petitioner of no coercive steps and subsequently, vide order dated 22.03.2014, W.P. (Cr.) No. 412/2011 was converted into Cr. M.P. No. 853/2014. Thus, the interim order passed earlier in W.P. (Cr.) No. 412/2011 is also vacated.

18. With the aforesaid direction, these petitions are disposed off.

19. Pending interlocutory applications, if any, are closed.

20. Let a copy of this order be communicated through 'FAX/e-mail' to the learned court below.

(Anubha Rawat Choudhary, J.) Mukul/

 
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