Pankaj Kumar Sethi vs The State Of Jharkhand
2021 Latest Caselaw 1966 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. M.P. No. 929 of 2021
             Pankaj Kumar Sethi                                   ... Petitioner
                                          -Versus-
             1.     The State of Jharkhand
             2.     Vikash Turi                                   ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Bibhash Sinha, Advocate For the Opposite Party-State : Mr. Kaushik Sarkhel, G.A.-V For Opp. Party No.2 : Mr. Akhouri Awinash Kumar, Advocate

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03/21.06.2021. Heard Mr. Bibhash Sinha, learned counsel for the petitioner,

Mr. Kaushik Sarkhel, learned counsel appearing for the opposite party-

State and Mr. Akhouri Awinash Kumar, learned counsel for opposite party

no.2.

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.

Mr. Bibhash Sinha, learned counsel for the petitioner undertakes to

remove the surviving defects within a week. He contends that the Medical

Board's report, contained in Annexure-4 of this petition, is a non-speaking.

There is no authenticity of the age and no reason has been assigned how

the age has been assessed. To buttress his argument, he relied upon the

judgment rendered by the Hon'ble Supreme Court in the case of Mukarrab

v, State of U.P., reported in (2017) 2 SCC 210.

Mr. Kaushik Sarkhel, learned counsel for the State on the law point

very fairly submits that so far as the authenticity of the age is concerned,

that is required to be considered in light of the parameters made under Rule

12 of the Juvenile Justice Rules.

Notice upon opposite party no.2. Learned counsel Mr. Akhouri

Awinash Kumar accepts notice on behalf of opposite no.2. He submits that

he has received instruction on behalf of opposite party no.2 and he will file

Vakalatnama within two weeks and he will also file response within the

aforesaid period.

Mr. Bibhash Sinha, learned counsel for the petitioner undertakes to

serve two copies of the petition upon Mr. Akhouri Awinash Kumar by

tomorrow.

Till the next date, further proceeding of Sessions Trial No. 471 of

2013, pending in the Court of Shri B.K. Pandey, learned A.J.C.-XVII, Ranchi

shall remain stayed.

Post this matter on 28.07.2021.

(Sanjay Kumar Dwivedi, J.) Ajay/