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Murlidhar Gyanchandani vs The State Of Jharkhand And Another
2021 Latest Caselaw 2566 Jhar

Citation : 2021 Latest Caselaw 2566 Jhar
Judgement Date : 27 July, 2021

Jharkhand High Court
Murlidhar Gyanchandani vs The State Of Jharkhand And Another on 27 July, 2021
             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No. 942 of 2017
                                      ------

1. Murlidhar Gyanchandani

2. Rohit Gyanchandani

3. Rahul Gyanchandani

4. Vijay Pratap Singh

5. Manoj Kumar Singh ... Petitioner(s).

--Versus--

The State of Jharkhand and Another ... Opp. Parties.

With Cr.M.P. No. 2018 of 2018

1. Murlidhar Gyanchandani

2. Rohit Gyanchandani

3. Rahul Gyanchandani ... Petitioner(s).

-Versus-

The State of Jharkhand and Another ... Opp. Parties.

With Cr.M.P. No. 2023 of 2018

1. Vijay Pratap Singh

2. Manoj Kumar Singh ... Petitioner(s).

-Versus-

The State of Jharkhand and Another ... Opp. Parties.

-----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

------

For the Petitioner(s) : Mr. Ajit Kumar, Sr. Advocate.

                                    Mr. Vikash Kumar, Advocate
      For the State               : A.P.P
      For the O.P. No. 2          : Mr. B.M.Tripathy, Sr. Advocate
                                    Mr. Navin Kumar Jaiswal, Advocate
                                          ----

9/27.07.2021        Heard Mr. Ajit Kumar, the learned Senior counsel appearing

on behalf of the petitioners, the learned counsel for the State and Mr. B.M. Tripathy, the learned Senior counsel appearing on behalf of the O.P.No.2.

These petitions have 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.

I.A.No.6467 of 2019 filed in Cr.M.P. No. 942 of 2017 for amendment is not pressed.

Dismissed as withdrawn.

I.A. No.2833 of 2020 filed by O.P.No.2 for calling for the case diary from the learned court below and for fixing an early date of hearing.

Mr. B.M.Tripathi, the learned Senior counsel appearing for the O.P.No.2 submits that the case diary is necessary to demonstrate before the Court that the court below has applied his mind in taking cognizance.

Mr. Ajit Kumar, the learned Senior counsel appearing for the petitioners has opposed this I.A.

Looking to the submissions made in the I.A. and considering this aspect of the matter that cognizance order is under challenge, the Court comes to the conclusion that the case diary is necessary in deciding this matter.

Accordingly, call for the case diary from the court concerned I.A. No.2833 of 2020 stands allowed and disposed of. I.A. No.3160 of 2021 has been filed for extension of interim order.

Mr. Ajit Kumar, the learned Senior counsel appearing on behalf of the petitioners submits that it was necessitated to file this I.A in view of the judgment wherein the Hon'ble Supreme Court has directed to proceed after six months in stay matters. He submits that there are legal issues involved in this petition and earlier interim order has been allowed in favour of the petitioners, the instant I.A. may kindly be allowed during pendency of this petition.

In view of the above facts and considering that O.P.No.2 is before the Court and he is contesting this criminal miscellaneous petition and considering that earlier the interim order was granted in favour of the petition, it is desirable that the same be extended till the next date.

Accordingly, Interim Order dated 11.05.2017 is extended till the next date.

I.A. No.3160 of 2021 stands allowed and disposed of. I.A. No.3574 of 2020 has been filed for extension of interim order.

Since, I.A. No.3160 of 2021 has been allowed today, Mr. Ajit Kumar, the learned Senior counsel is not pressing the instant I.A.

I.A. No.3574 of 2020 is dismissed as not pressed.

Cr.M.P. No. 2018 of 2018

I.A. No.3159 of 2021 has been filed for extension of interim order.

As I.A. No.3160 of 2021 filed in Cr.M.P. No.942 of 2017 filed for extension of interim order stood allowed, I.A. No.3159 of 2021 filed for extension of interim order stands allowed and disposed of.

I.A. No.3575 of 2020 is filed for extension of interim order. Since, I.A. No.3159 of 2021 is allowed, the learned Senior

counsel is not pressing the instant interlocutory petition.

I.A. No.3575 of 2020 is dismissed as not pressed.

Cr.M.P. No. 2023 of 2018

I.A. No.3161 of 2021 has been filed for extension of interim order.

As I.A. No.3160 of 2021 filed in Cr.M.P. No.942 of 2017 filed for extension of interim order stood allowed, I.A. No.3161 of 2021 filed for extension of interim order stands allowed and disposed of.

I.A. No.3573 of 2020 is filed for extension of interim order. Since, I.A. No.3161 of 2021 is allowed, the learned Senior counsel is not pressing the instant interlocutory petition.

I.A. No.3573 of 2020 is dismissed as not pressed.

Cr.M.P. No. 942 of 2017 Cr.M.P. No. 2018 of 2018 Cr.M.P. No. 2023 of 2018

With the consent of the parties, let these matters be placed for admission on 06.09.2021.

( Sanjay Kumar Dwivedi, J) SI/

 
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