Horil Mahto vs The State Of Jharkhand
2021 Latest Caselaw 2478 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. M.P. No. 1510 of 2011
             1. Horil Mahto, S/o Wakil Mahto
             2. Nemdhari Mahto, S/o Late Tupal Mahto
             3. Nirmal Mahto, S/o Late Premnath Mahto
                all are resident of village Karmatola, Ambatand, P.O. & P.S. Mandu,
                District- Ramgarh                              ... Petitioners
                                         -Versus-
                The State of Jharkhand                         ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Prabhat Kumar Sinha, Advocate For the Opposite Party-State : Mr. P.D. Agarwal, A.P.P.

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12/22.07.2021. Heard Mr. Prabhat Kumar Sinha, learned counsel for the petitioners

and Mr. P.D. Agarwal, learned A.P.P. appearing for the opposite party-State.

This criminal miscellaneous petition has been heard through Video

Conferencing in view of the guidelines of the High Court taking into account

the situation arising due to COVID-19 pandemic. None of the parties have

complained about any technical snag of audio-video and with their consent

this matter has been heard.

This petition has been filed for quashing the order dated 20.01.2009

passed in G. Case No.364/2005 (T.R. No.687/2011) by the learned Chief

Judicial Magistrate, Hazaribagh.

After bifurcation of the districts, the case has been transferred to the

district of Ramgarh.

Mr. Prabhat Kumar Sinha, learned counsel for the petitioners submits

that he is not able to take instruction from the petitioners. He fairly submits

that the law points raised by the petitioners in this petition have already

been decided by the Hon'ble Supreme Court in the case of Japani Sahoo

v. Chandra Sekhar Mohanty , reported in (2007) 7 SCC 394 as well as

in the case of Sarah Mathew v. Institute of Cardio Vascular

Diseases, reported in (2014) 2 SCC 62.

In view of the above judgments passed by the Hon'ble Supreme

Court, no relief can be extended to the petitioners in this petition.

Accordingly, this criminal miscellaneous petition stands dismissed. The law

points raised in this petition can be agitated by the petitioners in the court

below at an appropriate stage.

(Sanjay Kumar Dwivedi, J.) Ajay/