Citation : 2021 Latest Caselaw 4099 Jhar
Judgement Date : 29 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 800 of 2010
with
I.A. No. 8539 of 2019
Sanjay Kumar @ Sanjay Srivastava ..... ... Petitioner
Versus
The State of Jharkhand & Anr. ..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Shivam Utkarsh Sahay, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P.
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09/ 29.10.2021 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.
I.A. No. 8539 of 2019 has been filed for extending the interim order dated 01.09.2010.
Mr. Shivam Utkarsh Sahay, learned counsel appearing for the petitioner submits that the matter has been compromised between the petitioner and the O.P. No. 2 in terms of Annexure-3 of the petition, wherein one of the terms of the compromise is that the complainant withdraws his case. He submits that after the settlement, now the O.P. No. 2 is not taking any step and he is not appearing in this case. He further submits that the learned Court has vacated the interim order dated 01.09.2010, in view of the judgment passed by the Hon'ble Apex Court, in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Versus Central Bureau of Investigation, reported in (2018) 16 SCC 299.
In view of the above facts, the prayer made in the aforesaid interlocutory application is allowed and the same is disposed of.
Interim order dated 01.09.2010 shall remain in force till the next date.
Let fresh 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 one week after Diwali Holidays.
Post this matter on 15.02.2022 under the heading 'for admission'.
(Sanjay Kumar Dwivedi, J.) Amitesh/-
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