Jharkhand High Court
Piush Kumar Gupta vs State Of Jharkhand And Anr on 17 April, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1056 of 2011
With
I.A. No. 2163 of 2021
Piush Kumar Gupta ... ... Petitioner
Versus
State of Jharkhand and Anr. ... ... Opp. Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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Through: Video Conferencing
10/17.04.2021 I.A. No. 2163 of 2021
1. Heard Mr. Ajit Kumar, learned Senior counsel appearing on
behalf of the petitioner along with Mr. Nipun Baxi, Advocate.
2. Heard Mr. Veervijay Pradhan, learned counsel appearing on
behalf of the opposite party-State.
3. The learned Senior counsel for the petitioner has submitted that
initially at the time of taking cognizance of offence, no cognizance
was taken against the present petitioner and the present petition was
filed challenging the entire criminal proceedings against the petitioner
as the investigation was continued against the present petitioner.
4. He submits that during the pendency of this petition, the
investigation has been completed and supplementary charge-sheet has
been filed and the learned court below has issued summons against the
petitioner vide order dated 16.09.2011.
5. He submits that initially at the time of taking cognizance, since
there was no material against the petitioner, the cognizance was not
taken against the petitioner. He also submits that even during further
investigation, there is no material against the petitioner in the
supplementary case diary and the learned court below has
mechanically issued summons against the petitioner vide order dated
16.09.2011 which is under challenge in the interlocutory application
being I.A. No. 2163/2021. The learned Senior counsel submits that
there is no material against the petitioner and accordingly, the entire
criminal proceeding against the petitioner is fit to be set-aside.
6. The learned counsel appearing on behalf of opposite party-State
has submitted that he has filed a counter-affidavit in this case. He
further submits that he has already received the case-diary and the
supplementary case diary along with a copy of the chargesheet and
supplementary charge-sheet which will be deposited before this Court
by 19.04.2021 for perusal and consideration.
So far as I.A. No. 2163/2021 is concerned, he has no serious
objection, if the same is allowed and forms a part of the present
petition.
7. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case, this Court finds
that the entire criminal proceedings against the petitioner is under
challenge and the order dated 16.09.2011 had been passed after
submission of the supplementary charge-sheet and the investigation is
complete.
8. In the facts and circumstances of this case, I.A. No. 2163/2021
is hereby allowed and is directed to form a part of the present petition.
9. Learned counsel for the State is also directed to submit the case
diary as well as the supplementary case diary along with the charge-
sheet and also supplementary charge-sheet to the learned court master
of this Court by 19.04.2021.
10. Post this case for further hearing on 23.04.2021 to be taken up
as 2:15 p.m. as a first case.
11. It will be open to the learned counsel for the parties to submit
short notes of their arguments and also copies of the judgment(s)
which they seek to rely upon at least two days prior to the next date of
hearing.
(Anubha Rawat Choudhary, J.)
Mukul
