Tipu Sultan Khan @ Tipu Sultan vs The State Of Jharkhand
2021 Latest Caselaw 2790 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 1793 of 2020
             1.   Tipu Sultan Khan @ Tipu Sultan
             2.   Nurjahan Khatun
             3.   Nasiba Begum                                      ... Petitioners
                                        -Versus-
             1.   The State of Jharkhand
             2.   Kishwar Praween                                   ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Indrajit Sinha, Advocate For the Opposite Party-State : Mr. Vineet Vashistha, A.P.P.

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04/09.08.2021. Heard Mr. Indrajit Sinha, learned counsel for the petitioners and

Mr. Vineet Vashistha, learned A.P.P. for the opposite party-State.

This criminal miscellaneous 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.

Invalid service report of notice of opposite party no.2 is on the record.

Undelivered registered cover of notice is received and kept at Flag-U.

The petitioners shall take fresh steps for service of notice upon

opposite party no.2 on her present and correct address by ordinary process

as well as registered post with A/D, for which, requisites etc. must be filed

within two weeks.

I.A. No.3392 of 2021 has been filed for extension of interim order

dated 08.10.2020 passed in this petition.

Learned counsel for the petitioners submits that in view of the

judgment rendered by the Hon'ble Supreme Court in the case of Asian

Resurfacing of Road Agency Pvt. Limited v. Central Bureau of

Investigation in Cr. Appeal No.1375-1376 of 2013 , the period of 6

months expired on 08.04.2021 and if the interim order is not extended by

this Court, the learned trial court may resume the proceeding. He further

submits that the case is still pending before the trial court. He also submits

that opposite party no.2 is not appearing in the present case and on the

other hand, opposite party no.2 filed an application with prayer to issue

warrant of arrest against the petitioner before the court below.

In view of the above facts, I.A. No. 3392 of 2021 is allowed. Interim

order dated 08.10.2020 shall remain in force, till the next date.

Accordingly, I.A. No.3392 of 2021 stands allowed and disposed of.

Post this matter on 18.10.2021.

(Sanjay Kumar Dwivedi, J.) Ajay/