Shahanwaz Ansari vs State Of Jharkhand
2021 Latest Caselaw 1030 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        Cr.M.P No. 3477 of 2019
                Shahanwaz Ansari                                  .... .... Petitioner(s).
                                             Versus
                1. State of Jharkhand
                2. Tajmun Nisha                                   .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING

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FOR THE PETITIONER(S) : Md. Zaid Ahmed, Advocate FOR THE STATE : Ms. Ruby Pandey, APP FOR O.P No.2 : Mr. Mukhtar Khan Advocate

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05/01.03.2021 Counsel for the petitioner submits that the second FIR which is registered as Mahuda P.S. Case No. 57 of 2019 is not maintainable. He submits that the same case arising out of a matrimonial dispute is already covered by the FIR, being Mahuda (Bhatdih O.P) P.S. Case No. 34 of 2019. He submits that charge-sheet which has been submitted in Mahuda P.S. Case No. 57 of 2019 should have been treated to be a supplementary charge-sheet of Mahuda (Bhatdih O.P) P.S. Case No. 34 of 2019. He refers to the judgment delivered by the Hon'ble Supreme Court in the case of Amitbhai Anilchandra Sah Vrs. Central Bureau of Investigation &Anr. reported in (2013) 6 SCC 348 .

Mr. Mukhtar Khan, appearing on behalf of opposite party no.2 prays for some time to address this Court on the aforesaid issue.

Prayer is allowed.

This case is adjourned for three weeks.

(ANANDA SEN , J) anjali/ C.P 3