Prakash Chanda @ Prakash Chandra vs The State Of Jharkhand & Another
2022 Latest Caselaw 3210 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr.M.P. No. 4288 of 2019
               Prakash Chanda @ Prakash Chandra                        ... Petitioner
                                         -Versus-
               The State of Jharkhand & another                        ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Amit Kumar Sinha, Advocate For the Opposite Party-State : Mrs. Nehala Sharmin, A.P.P.

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09/16.08.2022. Learned counsel for the petitioner submits that the company namely M/s CCL has not even been made an accused and the petitioner is being prosecuted on the ground that he is the General Manager of the Area. He relied upon the judgment passed by the Hon'ble Supreme Court in the case of Aneeta Hada v. Godfather Travels , reported in (2012) 5 SCC 661. He further submits that the allegation of Agent and Manager in addition to the work Deemed Agent in Section 18 of the Mines Act was the subject matter before the Hon'ble Supreme Court in the case of Chief Inspector of Mines v. Lala Karam Chand Thapar , reported in AIR 1961 SC 838. He also submits that one of the accused has approached this Court in Cr.M.P. No.2161 of 2018 in which further proceeding has been stayed.

Learned counsel appearing for the State shall take instruction on behalf of opposite party nos. 1 and 2 and file counter affidavit within four weeks.

Let this matter be tagged with Cr.M.P. No.2161 of 2018. So far as the petitioner is concerned, further proceeding in connection with G (DGMS) Case No.13/2018, pending in the court of the learned Judicial Magistrate, 1st Class, Ramgarh shall remain stayed, till the next date.

Let this matter appear on 17.11.2022.

(Sanjay Kumar Dwivedi, J.) Ajay/