Depika Pandey Singh vs The State Of Jharkhand
2021 Latest Caselaw 4014 Jhar

          IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                       Cr.M.P. No. 1517 of 2021

              Depika Pandey Singh                             .....   ...     Petitioner
                                           Versus
              1. The State of Jharkhand.
              2. Kashyap Gautam                               ..... ...      Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Anil Kumar Sinha, Sr. Advocate.

                                        :        Mr. Sameer Saurabh, Advocate.
              For the State             :        Mr. Deepankar Roy, A.C. to A.G.
                                        ------
04/ 26.10.2021            Learned senior counsel appearing for the petitioner submits

that the FIR has been registered under Sections 341, 323, 504, 506, 500, 427, 353 and 379/34 of the Indian Penal Code and he has placed the contents of the FIR. He submits that no ingredients of these Sections are available and in spite of that the FIR has been registered against the petitioner, who happens to be the Member of Jharkhand Legislative Assembly, Mahagama Constituency. He further submits that the informant was an A.S.I. and he was suspended and deputed at Police Centre, Godda. He submits that the allegations made in the FIR of utterance at Mahagama are totally false. He further submits that the case of the petitioner is fully covered in view of the direction No. 5 of Para-102 of the judgment of the Hon'ble Supreme Court in the case of State of Haryana & Ors. Versus Ch. Bhajan Lal & Ors., reported in (1992) AIR 604.

Mr. Deepankar Roy, learned A.C. to A.G. appearing for the State will take instructions and file counter affidavit within four weeks after Diwali Holidays.

Let notice be issued upon the 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 after Diwali Holidays.

No coercive step shall be taken against the petitioner, in connection with Meharama P.S. Case No. 65 of 2021, pending in the Court of learned Additional District Judge-XVI, Dhanbad till the next date.

Post this matter on 05.01.2022.

(Sanjay Kumar Dwivedi, J.) Amitesh/-