Sanjay Kumar Dey vs The State Of Jharkhand
2022 Latest Caselaw 718 Jhar

          IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Cr.M.P. No. 2424 of 2021
      1. Sanjay Kumar Dey
      2. Subhash Dey
      3. Rajeshwari Devi @ Raji Dey                   .....    ... Petitioners
                                    Versus
      1. The State of Jharkhand.
      2. Sumitra Devi                                  ..... ...      Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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      For the Petitioners        :        Mr. Kaushik Sarkhel, Advocate
      For the State              :        Mr. S.K. Tiwari, Spl.P.P.
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04/ 25.02.2022      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.

Learned counsel appearing for the petitioners submits that the petitioner No. 1 has already filed a suit for restitution of conjugal life under Section 9 of the Hindu Marriage Act on 15.06.2021, which was registered as Original Suit No. 251 of 2021. He submits that by order dated 22.06.2021 notice was issued to the O.P. No. 2 in the said suit and same was delivered on 07.07.2021, thereafter on 09.08.2021, O.P. No. 2 has appeared before the concerned Court by filing vakalatnama. He further submits that after receiving notice, initially Complaint Case No. 1684 of 2021 has been filed under the several Sections of IPC. He also submits that the O.P. No. 2 has also lodged the present complaint for the same set of allegation against the petitioners, which was registered as Mahila Thana P.S. Case No. 31 of 2021. He submits that the present case is fully covered with the judgments of the Hon'ble Supreme Court in the cases of T.T. Anthony Versus State of Kerala, reported in (2001) 6 SCC 181 and State of Haryana & Ors. Versus Bhajanlal, reported in (1992) Supp (1) SCC 335.

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 two weeks.

No coercive step shall be taken against the petitioners, in connection with Mahila Thana P.S. Case No. 31 of 2021, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad, till the next date.

Post this matter on 16.06.2022.

The petitioners shall cooperate in the investigation.

(Sanjay Kumar Dwivedi, J.) Amitesh/-