Jharkhand High Court
Jageshwar Sahu And Anr vs The State Of Jharkhand And Anr on 29 July, 2021
IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 610 of 2015
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Jageshwar Sahu and Anr. ..... Petitioners
-- Versus --
The State of Jharkhand and Anr. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Sanjay Kumar Pandey, Advocate
For the State :- Mr. P.C. Sinha, APP
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10/29.07.2021 Heard Mr. Sanjay Kumar Pandey, the learned counsel for the
petitioners and Mr. P.C. Sinha, the learned counsel for the State.
This 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.
In terms of order dated 13.01.2021 the petitioners have
filed I.A. No.631 of 2021 for impleading the legal heirs/successors of
O.P.No.2.
Mr. Sanjay Kumar Pandey, the learned counsel appearing on
behalf of the petitioners submits that the counter affidavit on behalf of
the State was filed wherein it was indicated that O.P.No.-2-complainant
has died and thereafter this Court by order dated 13.01.2021 directed
the petitioners to file substitution petition for substituting the O.P.No.2.
In paragraph no.4 it has been stated that the complainant died issueless.
There is no first class legal heirs of the complainant exists right now. He
submits that Mange Oraon, the son of late Sura Oraon is alive and he is
(Mange Oraon) was the brother in law (devar) of the complainant
(deceased) Mangri Oraoin. He submits that the matter has been settled
between the parties and report has already come to that effect.
In view of the above facts and considering the submissions
made in the I.A., I.A. No.631 of 2021 is allowed and disposed of.
The learned counsel for the petitioners shall array Mange
Oraon, in place of O.P.No.2 in the writ petition.
Let notice be issued upon the newly added O.P.No.2 by
registered post with A/d as well as under ordinary process for which
requisites etc. must be filed within two weeks.
It has been further submitted by the learned counsel for the
petitioners that the case is arising out of Scheduled Caste/Scheduled
Tribes (Prevention of Attrocities) Act, 1989 and the matter has been
compromised between the petitioners and the then O.P.No.2-complainant
and the petitioner no.1 is 90 years old and the petitioner no.2 who is the
son of petitioner no.1 is also about 62 years old. He submits that the
case under the SC/ST (Prevention of Attrocities) Act was filed due to
some land dispute and he submits that the case of the petitioners is
covered by the judgment of the Hon'ble Supreme Court rendered in the
case of "Hitesh Verma v. State of Uttarakhand and Another" ,(2020) 10
SCC 710.
In view of the above facts, there shall be stay of further
proceeding in connection with Complaint Case No.2653 of 2014, pending
in the court of learned Judicial Magistrate, 1st Class, Ranchi, till the next
date.
Post the matter on 17.11.2021.
( Sanjay Kumar Dwivedi, J)
SI/
