Jharkhand High Court
Vivek Kejriwal And Another vs The State Of Jharkhand on 6 September, 2021
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1525 of 2010
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Vivek Kejriwal and Another ..... Petitioners
-- Versus --
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Sumeet Gadodia, Advocate
For the State :- APP
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7/06.09.2021 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.
This petition has been filed by the petitioners for quashing
the order dated 13.08.2008, 24.10.2008, 02.02.2009 and 27.10.2010
whereby the order of issuance of warrant of arrest and processes under
section 82 and 83 Cr.P.C have been ordered to be issued. This Court by
order dated 07.12.2010 issued interim direction in favour of the
petitioner.
I.A. No.50/2020 has been filed on behalf of the petitioners
for quashing the orders dated 18.09.2019 and 10.10.2019 passed by the
learned Dub -Divisional Judicial Magistrate, Chaibasa in Noamundi
P.S.Case No.11 of 2008 corresponding to G.R. No.121 of 2008. A prayer
is also made for extending the order of stay granted by this Court.
Mr. Gadodia, the learned counsel for the petitioners submits
that in view of the judgment rendered in the case of "Asian Re-surfacing
of Road Agency Pvt. Ltd. and Another v. Central Bureau of Investigation"
reported in (2018) 16 SCC 299 the trial court is proceeding. He submits
that this I.A. has been filed in the year 2020 but was not listed. He
submits that after issuance of summons by order dated 04.12.2018, the
case was again listed before the learned court on several occasions and it
was specifically mentioned in the said orders that the service report
regarding the summons have not been received and there was direction
through the concerned officer regarding summons to the petitioners. He
submits that in spite of that bailable warrant of arrest has been issued
against the petitioners vide order dated 18.09.2019 and non-bailable
warrant was issued vide order dated 10.10.2019.
In view of the above facts and considering that there is
order of stay by this Court vide order dated 07.12.2010 and the matter is
still pending before this Court, in the interest of justice, it is desirable
that the prayer made in the I.A. be allowed.
Interim order dated 07.12.2010 shall remain in force till the
next date of listing.
I.A. No.50/2020 is disposed of.
I.A. No.49 of 2020 has been filed for certain amendment in
the first paragraph as cognizance has been taken in the case, and prayer
portion of the quashing application as well as for insertion of certain
paragraphs mentioned in paragraph-8 of the instant I.A in view of
subsequent development.
Since the petition is pending and stay was already granted
and further development was taken place, I.A. No.49 of 2020
[amendment petition] stands allowed and disposed of.
Accordingly, the petitioners are directed to make necessary
correction in the petition within two weeks.
Mrs. Ruby Pandey, the learned State counsel will take
instruction and will file appropriate response.
Mrs. Ruby Pandey, the learned State counsel shall take
further instruction with regard to the amendment and will file
supplementary counter affidavit.
Post the matter on 06.12.2021.
The petitioners will file a composite petition including the
facts in the petition in seriatim.
( Sanjay Kumar Dwivedi, J)
SI
