Ashutosh Kumar vs The State Of Jharkhand
2021 Latest Caselaw 3832 Jhar

          IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr.M.P. No. 1792 of 2021

              Ashutosh Kumar                                  .....    ...   Petitioner
                                           Versus
              The State of Jharkhand                           .....   ...   Opposite Party
                                 --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Zaid Imam, Advocate.

              For the State      :        Mr. Arup Kumar Dey, A.P.P.
                                 ------
05/ 06.10.2021             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. Zaid Imam, learned counsel appearing for the petitioner submits that the FIR has been instituted against the petitioner under Sections 272 and 273 of the Indian Penal Code read with Section 47(A) of the Excise Act. He submits that Section 78(4) of the Excise Act provides that investigation will be done by the Excise official and not by the police. He further submits that Section 96 of the Excise Act stipulates that the report is required to be filed within six months and in absence of any report and only on the basis of the statements of the witnesses, the cognizance has been taken against the petitioner. Learned counsel submits that this case is fully covered by a judgment of this Court in the case of Dinesh Rai Versus State of Jharkhand, reported in (2007) SCC Online Jhar 404.

Learned counsel appearing for the State is directed to file counter affidavit in this case within four weeks.

In view of the above, there shall be stay of further proceedings in connection with Khunti P.S. Case No. 135 of 2020, pending in the Court of learned Chief Judicial Magistrate, Khunti.

Post this matter on 03.02.2022.

(Sanjay Kumar Dwivedi, J.) Amitesh/-