Rashmi Jaiswal @ Rashmi Puryar @ ... vs The State Of Jharkhand & Anr
2021 Latest Caselaw 2034 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr.M.P. No. 1047 of 2021
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1.Rashmi Jaiswal @ Rashmi Puryar @ Bulbul

2. Surabhi Sinha @ Suravi

3. Shikha Puryar ... .... .... Petitioners Versus The State of Jharkhand & Anr. ... .... Opposite Parties

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners : Mr. Sidhartha Roy, Advocate For the State : Mr. Ravi Prakash Mishra, Advocate

02/23.06.2021 Heard Mr. Sidhartha Roy, learned counsel for the petitioners

and Mr. Ravi Prakash Mishra, 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.

Mr. Sidhartha Roy, learned counsel for the petitioners undertakes to

remove the surviving defects within two weeks.

Learned counsel for the petitioners submits that on the complaint,

learned Magistrate has straightway forwarded the case under section 156(3)

Cr.P.C. to the police. He submits that prior to that section, section 154

Cr.P.C. has not been followed and section 156(3) Cr.P.C. has been invoked.

To buttress his argument, learned counsel for the petitioners relied on

judgment in the case of "Priyanka Srivastava & Anr. Vs. State of U.P. & Anr."

reported in (2015) 6 SCC 287.

In view of above facts, let notice be issued upon O.P. No. 2 under

registered cover with A/D as well as by ordinary process, for which

requisites etc. must be filed within two weeks.

State is directed to file counter-affidavit within four weeks.

Post the matter on 07.09.2021.

Till then, petitioners shall not be arrested in connection with

Hazaribagh Sadar P.S. Case No. 172/2021 pending in the Court of learned

C.J.M, Hazaribagh.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/-