Rakesh Kumar Verma vs The State Of Jharkhand
2022 Latest Caselaw 5025 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 882 of 2014
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Rakesh Kumar Verma                        ...     ...  Petitioner
                                Versus
1. The State of Jharkhand

2. The Civil Surgeon-cum-Chief Medical Officer,
   Pakur                                ...     ...     Opposite Parties
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
                            --------
For the Petitioner          : Mr. Gautam Kumar, Advocate
For the State               : Mr. V.S. Sahay, A.P.P.
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Order No. 04 / Dated: 12th December, 2022
I.A. No. 11096 of 2022

Learned counsel for the petitioner and learned counsel for the State are present.

Learned counsel for the State is directed to file the counter in this case positively by the next date.

It appears from the record that even after the categorical direction given by this Court by order dated 06.05.2014 to file the counter, the State has not been filed the counter in this case as yet.

It is made clear that one more opportunity by way of last indulgence is given to the learned counsel appearing on behalf of the State; to comply the order dated 06.05.2014, failing which appropriate orders shall be passed on the basis of the materials available on record.

Further the learned counsel appearing on behalf of the petitioner submitted that one Interlocutory Application being I.A. No. 11096 of 2022 has been filed with a prayer to set aside the order dated 05.02.2022 whereby the process under Section 82 of the Cr.P.C. has been issued against this petitioner and further to stay further proceedings in O.C.R. Case No. 38 of 2010.

In the meantime, it appears that the learned Court below in the light of

the judgment passed by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Private Ltd. & Another Versus C.B.I. reported in (2018) 16 SCC 299 has vacated the interim relief granted by this Court vide order dated 06.05.2014 and process under Sections 82 and 83 of the Cr.P.C. has been issued.

-2- Cr.M.P. No. 882 of 2014

In this view of the matter it is found just and fair that one more opportunity be given to the State to file the counter in this case and in the meantime the interim relief granted to the petitioner vide order dated 06.05.2014 that "the petitioner, above-named shall not be arrested in connection with O.C.R. Case No. 38 of 2010, pending in the Court of learned S.D.J.M. Pakur or its successor Court" shall remain in force till the next date, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the Court below and if the petitioner does not co-operate in the criminal proceeding pending in the Court below, then it shall be reported to this court by the concerned Court in order to pass an appropriate order.

In above view of the matter, the pending Interlocutory Application being I.A. No. 11096 of 2022 gets disposed of accordingly.

Put up this case after eight weeks.

J.Minj                                           (Navneet Kumar, J.)