Sabita Motilal vs State Of Jharkhand
2021 Latest Caselaw 4733 Jhar

          IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                       Cr.M.P. No. 2099 of 2021
              1. Sabita Motilal
              2. Rahul Kumar Motilal                          .....    ...     Petitioners
                                           Versus
              1. State of Jharkhand.
              2. Raj Kumar Gupta                               .....   ...     Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Pratik Sen. Advocate For the State : Mr. P.C. Sinha, A.C. to G.A.-III.

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05/ 09.12.2021 Learned counsel appearing for the petitioners submits that for the same set of action and for specific performance, the O.P. No. 2 filed a Suit No. 87 of 2017 before the Civil Judge, Senior Division-I, Hazaribagh and thereafter the present FIR has been lodged on 22.4.2018, in which, cognizance under Sections 406 and 420 of the Indian Penal Code has been taken against the petitioners. He submits that this case is fully civil in nature, for that suit has already been instituted and the filing of the present FIR is an abuse of the process of the Court. Learned counsel has relied upon the judgments of the Hon'ble Supreme Court in the case of Dalip Kaur & Ors. Versus Jagnar Singh & Anr., reported in (2009) 14 SCC 696 and also in the case of Murali Lal Gupta Versus Gopi Singh, reported in (2005) 13 SCC 699.

Let notice be issued upon the O.P. No. 2 under registered cover with A/D as well as by ordinary process, for which, requisites etc. must be filed within a week.

Till the next date, there shall be stay of further proceeding in connection with Sadar P.S. Case No. 236 of 2018, pending in the Court of learned Chief Judicial Magistrate, Hazaribagh.

Post this matter on 28.02.2022.

(Sanjay Kumar Dwivedi, J.) Amitesh/-