Citation : 2021 Latest Caselaw 416 Jhar
Judgement Date : 28 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2812 of 2020
1. Shyam Narayan Gupta
2. Pratima Gupta @ Pratima
3. Namita Gupta .... Petitioner(s).
Versus
1. The State of Jharkhand
2. Anjali Kumari ... Opp. 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. Suraj Singh, Advocate.
For the State : A.P.P.
.........
03/28.01.2021: Counsel for the petitioner submits that impugned order dated
21.10.2019 by which, the complaint was sent for registering the FIR in terms of Section 156(3) Cr.P.C is absolutely bad and against the provision of law as laid down by the Hon'ble Supreme Court in the case of Priyanka Srivastava and Another Vs. State of Uttar Pradesh and Others reported in (2015) 6 SCC 287.
Considering the aforesaid submission as well as the judgment passed by the Hon'ble Supreme Court, issue notice to opposite party No. 2, for which, requisites etc. under registered cover with A/D as well as ordinary process must be filed within two weeks.
List this case after service of notice or appearance of opposite party No. 2, whichever is earlier.
In the meantime, the court below will not proceed against the petitioners in connection with Ghaghra P.S. Case No. 150 of 2019, pending in the court of learned SDJM, Gumla.
Anu/-C.P.-3 (ANANDA SEN, J.)
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