Murari Bhagat Son Of Late Avinash ... vs The State Of Jharkhand
2021 Latest Caselaw 3063 Jhar

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           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            Cr. Revision No. 181 of 2012

         Murari Bhagat son of late Avinash Bhagat, resident of village-
         Sonahatu, P.O. & P.S.-Sonahatu, Dist.-Ranchi (Jharkhand)
                                    ...     ...     ...     Petitioner
                               Versus
         The State of Jharkhand           ...     ...     Opp. Party
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CORAM: Hon'ble Mrs. Justice Anubha Rawat Choudhary

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For the Petitioner : Mr. Ajay Kumar Trivedi, Advocate Mr. Randhir Kumar, Amicus For the Opp. Party : Mr. Ravi Prakash, A.P.P.

Through Video Conferencing

11/24.08.2021

1. Learned counsel for the petitioner Mr. Ajay Kumar Trivedi and learned Amicus appointed by the court, Mr. Randhir Kumar are, present.

2. Mr. Ravi Prakash, learned A.P.P. appears on behalf of the opposite party-State.

3. This revision has been filed against the judgment dated 09.02.2021, passed by learned Judicial Commissioner-I, Khunti, in Cr. Appeal No. 154/2010, whereby the learned court below has dismissed the appeal filed by the petitioner against the judgment and order dated 16.08.2010, passed by learned Judicial Magistrate, Khunti, in G.R. Case No. 487/2005, Arki P.S. Case No. 26/2005, T.R. No. 210/2010 whereby the petitioner has been convicted and sentenced for three months rigorous imprisonment for the offence under Section 279 of the Indian Penal Code and three months rigorous imprisonment for the offence under Section 337 of the Indian Penal Code and has ordered that both sentences will run concurrently.

4. From the records of this case, this court finds that on 17.08.2021 and on earlier occasion, the learned Advocate on record did not appear in this case. In such circumstances, this court had appointed learned counsel Mr. Randhir Kumar as Amicus to

assist this court from the side of the petitioner for final disposal of the case. Learned Amicus Mr. Randhir Kumar has submitted that he is ready with the arguments in the matter. However, Mr. Ajay Kumar Trivedi, Advocate on record for the petitioner, has joined the online court proceedings today and he has submitted that he has been instructed by the petitioner to withdraw the present case.

5. Considering the submission made by learned counsel on record for the petitioner Mr. Ajay Kumar Trivedi who has been instructed to withdraw the present case, the present petition is dismissed as withdrawn.

6. Considering the efforts made by learned Amicus Mr. Randhir Kumar in preparing the case, the, Secretary, Jharkhand High Court Legal Services Committee is directed to ensure that the legal remuneration of the learned Amicus Curiae is duly paid to him within a period of 4 weeks upon submission of bills by him.

7. The office is directed to provide a copy of this order to Mr. Randhir Kumar, the learned Amicus Curiae and also to the Secretary, Jharkhand High Court Legal Services Committee.

8. Interim order, if any, stands vacated.

9. Bail bond furnished by the petitioner is hereby cancelled.

10.Pending I.A., if any, stands dismissed as not pressed.

11.Let the lower court records be sent back immediately to the court concerned.

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

(Anubha Rawat Choudhary, J.) Binit/