Shivlal Rathor @ Shivalal V. ... vs The State Of Jharkhand
2021 Latest Caselaw 3551 Jhar

      IN          THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr.M.P. No. 1998 of 2021

      Shivlal Rathor @ Shivalal V. Rathor
      @ Shivlal Varjang Rathor                         .....  ... Petitioner
                                   Versus
      1. The State of Jharkhand.
      2. Mahadev Tiwari                                 ..... ...     Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : Mr. Abhishek Singh, A.C. to G.A.-V.

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02/ 22.09.2021 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.

It has been contended by Mr. Indrajit Sinha, learned counsel appearing for the petitioner that the petitioner is one of the partner of M/s Singhbhum Mineral Company, which is involved in the activities of mining ores and minerals. It has been further contended that the petitioner is 91 years old and bed ridden and also suffering from various ailments and the petitioner has been made accused only in the month of August, 2021. By way of referring para-5 of the complaint petition, which has been sent for registration of the FIR under Section 156(3) Cr.P.C., learned counsel appearing for the petitioner submits that the petitioner is the purchaser of the land and he has been falsely roped in this case. According to learned counsel appearing for the petitioner the case of the petitioner is fully covered with the judgment of Hon'ble Supreme Court rendered in the case of Mohammed Ibrahim & Ors. Versus State of Bihar & Anr., reported in (2009) 8 SCC 751.

In view of such submission, let notice be issued to 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.

The State is directed to file counter affidavit in the case within four weeks.

In the meantime, the petitioner shall not be arrested in connection with Pidrajoda P.S. Case No. 48 of 2014, pending in the Court of learned Chief Judicial Magistrate, Bokaro.

Put up this case on 11.01.2022.

(Sanjay Kumar Dwivedi, J.) Amitesh/-