M/S Sundar Transport vs The State Of Jharkhand
2022 Latest Caselaw 5163 Jhar

          IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Cr.M.P. No. 4361 of 2022
      M/s Sundar Transport, a partnership firm
      represented through one of its partner
      Mrs. Kiran Devi                                 .....   ... Petitioner
                                   Versus
      1. The State of Jharkhand
      2. Vijay Singh                                   ..... ...      Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Kaushik Sarkhel, Advocate. For the State : Mrs. Priya Shrestha, Spl.P.P.

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03/ 20.12.2022 Learned counsel for the petitioner submits that by the impugned order dated 01.09.2022, passed in Criminal Revision No. 59 of 2022, the learned court has been pleased to remit the case to the trial court with a direction to allow the complainant to array the partnership firm as an accused. He further submits that previously the partnership firm has not been made accused in the complaint, however later on, the said firm has been directed to be added as an accused. He further submits that this case is fully covered in the light of the judgment of the Hon'ble Supreme Court in the case of Pawan Kumar Goel Versus State of U.P. & Anr., reported in 2022 LiveLaw (SC) 971.

Let notice be issued upon the O.P. No. 2 under registered cover with A/D as well as by ordinary process, for which, requisites etc. must be filed within one week after X-mas Holidays.

There shall be stay of execution and implementation of order dated 01.09.2022, passed in Criminal Revision No. 59 of 2022 [arising out of Complaint Case No. 395 of 2016], pending in the Court of learned Judicial Magistrate, 1st Class, Jamshedpur, till the next date of listing.

Let this matter appear on 01.02.2023.

(Sanjay Kumar Dwivedi, J.) Amitesh/-