Abid Ali vs The State Of Jharkhand
2021 Latest Caselaw 498 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr. M.P. No.12 of 2020
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              Abid Ali                                  ... Petitioner
                                          -versus-
              1. The State of Jharkhand
              2. Ali-AL-Arafat                          ... Opposite Parties
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                   CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                       THROUGH VIDEO CONFERENCING
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              For the Petitioner :    Mr. Ashim Kumar Sahani, Advocate
              For the State:          Mr. Kaushik Sarkhel, G.A. V
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3/ 02.02.2021       Issue notice to the opposite party No.2 by registered post with

A/D. as also through ordinary process for which requisites etc. must be filed within two weeks.

Counsel for the petitioner submits that in utter violation of the judgment passed by the Hon'ble Supreme Court in the case of Priyanka Srivastava & Another versus State of Uttar Pradesh & Others reported in (2015) 6 SCC 287, the Judicial Magistrate First Class has referred the complaint under Section 156(3) of the Code of Criminal Procedure for registering a First Information Report. He submits that the learned Judicial Magistrate has to apply his mind as to whether any offence is made out or not and then only the Judicial Magistrate could have sent the complaint for registering the First Information Report. He further submits that there is no compliance of Section 154 of the Code of Criminal Procedure.

Mr. Kaushik Sarkhel, learned G.A. V, on instructions, submits that the First Information Report has till date not been registered.

Considering the aforesaid submissions and in view of the facts of the case, the order dated 07.12.2020 passed by the Judicial Magistrate First Class, Ranchi in Complaint Case No.6919 of 2020 shall not be given effect to till further orders.

Let a copy of this order be communicated to the Court concerned through FAX.

(Ananda Sen, J.) Kumar/Cp-03