Abhishek @ Abhishek Singh Rathor vs The State Of Jharkhand And Ors
2021 Latest Caselaw 2614 Jhar

               IN THE HIGH COURT OF JHARKHAND, RANCHI
                          W.P.(Cr.) No. 88 of 2021
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Abhishek @ Abhishek Singh Rathor ..... Petitioner

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The State of Jharkhand and Ors. ...... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. A.K. Sinha, Sr. Advocate For the State :- Mr. P.C. Sinha, APP For the Resp.No4 :- Mr. Prakash Chandra, Advocate

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6/29.07.2021 Heard Mr. A.K. Sinha, the learned Senior counsel appearing on behalf of the petitioner, Mr. P.C. Sinha, the learned counsel appearing on behalf of the State and Mr. Prakash Chandra, the learned counsel appearing on behalf of respondent no.4.

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.

I.A. No.3304 of 2021 has been filed for quashing of notice dated 22.05.2021 in Case No.M.1000 of 2021 by the S.D.O., Ranchi.

Mr. Anil Kumar Sinha, the learned Senior counsel appearing for the petitioner submits that this writ petition was filed for quashing of show cause dated 09.02.2021 in Case No.M.277/2021 under section 144 Cr.P.C. He submits that this Court by order dated 26.03.2021 stayed the further proceeding. The judgment of the Hon'ble Supreme Court rendered in the case of "Anuradha Bhasin v. Union of India', (2020) 3 SCC 637 was also taken into consideration while passing the order dated 26.03.2021 in this case. He submits that in teeth of violation of this judgment, again notice of proceeding under section 144 Cr.PC has been issued by the SDO, Ranchi.

In view of the above submission, the prayer made in the I.A. is allowed.

The learned counsel for the petitioner shall make out necessary correction in the writ petition.

The respondent State as well as O.P.No.4 are at liberty to response to the amended prayer within three weeks.

The notice dated 22.05.2021 in Case No.M.1000 of 2021 by the S.D.O., Ranchi shall remained stayed till the next date.

Post the matter on 26.08.2021.

( Sanjay Kumar Dwivedi, J)

SI/