Jainendra Kumar Jyoti vs The State Of Jharkhand And Another
2022 Latest Caselaw 3371 Jhar

              IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 55 of 2022

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      Jainendra Kumar Jyoti                          ..... Petitioner
                               --   Versus      --
      The State of Jharkhand and Another             ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Rupesh Singh, Advocate For the State :- Mr. P.A.S.Pati, SC-IV For the O.P.No.2 :- Mr. Aashish Kumar, Advocate

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4/24.08.2022 Mr. Rupesh Singh, the learned counsel appearing on behalf of the petitioner submits that the petitioner was the power of attorney holder and one land was transferred by him to the O.P.No.2 and subsequently the land owner has revoked the power of attorney which was not in the knowledge of the petitioner and when the O.P.No.2 visited the office of the Circle Officer this fact has been transpired and thereafter he has filed the complaint which has been referred by the learned court under section 156(3) Cr.P.C. He submits that the said complaint was not affidavited and the case of the petitioner is covered in the light of the judgment of the Hon'ble Supreme Court in the case of 'Priyanka Srivastava v. State of U.P.', (2015) 6 SCC 287. He further submits that the petitioner has returned certain amount to the O.P.No.2, however, the petitioner has been arrested and when he was in jail custody, a compromise has been entered on coercion. He submits that the petitioner was having no option and on coercion he has filed joint compromise petition and based on that, the petitioner has been granted bail.

Mr. Aashish Kumar, the learned counsel suo motu appearing on behalf of the O.P.No.2 will take instruction and file counter affidavit within three weeks.

In the meantime, no coercive steps shall be taken against the petitioner in connection with Gamhariya P.S.Case No.43/2021 pending in the court of learned Chief Judicial Magistrate, Seraikella, till the next date.

Let it appear on 17.10.2022.

( Sanjay Kumar Dwivedi, J.)

SI/