Vikas Jaisuka vs State Of Jharkhand
2021 Latest Caselaw 497 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        Cr.M.P No. 4056 of 2018
                Vikas Jaisuka                                     .... .... Petitioner(s).
                                              Versus
                1. State of Jharkhand
                2. Sri Namit Kumar, Electric Supply Sub-Division, Adityapur No.2, Saraikella-
                   Kharsawan                                   .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING

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FOR THE PETITIONER(S) : Mr. Navaniti Singh, Senior Advocate FOR THE STATE : Mr. Sadhu Mahato, APP FOR THE JUVNL : Mr. Manoj Kumar, Advocate

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04/02.02.2021 Mr. Manoj Kumar, counsel appearing on behalf of JUVNL accepts notice on behalf of opposite party no.2.

Learned senior counsel for the petitioner submits that FIR is barred in view of the judgment passed by the Hon'ble Apex Court in the case of State of Haryana & others vs Bhajan Lal & others reported in 1992 Suppl. (1) SCC 335 Para-102, Sub-Clause-6.

He submits that in view of the specific bar provided in the Jharkhand Electricity Supply Code, 2015, this FIR could not have been registered on the allegations that some paper seals of the meter was damaged or tampered.

Considering the submission, I direct JUVNL to file counter-affidavit. List this case after filing of the counter-affidavit. In the meantime, no coercive steps shall be taken against the petitioner in connection with Adityapur P.S. Case No. 371 of 2017, pending in the court of ADJ-III, Saraikella.

Office is directed to reflect the name of Mr. Manoj Kumar as counsel on behalf of JUVNL in the cause-list.

(ANANDA SEN , J) anjali/ C.P 3