Choudhary Prasad vs The State Of Jharkhand
2022 Latest Caselaw 2655 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr.M.P. No. 3246 of 2013
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Choudhary Prasad                    ...   ...   Petitioner
                            Versus
1. The State of Jharkhand
2. Urmila Ekka              .       ...   ...     Opposite Parties
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner          : Mr. Hemant Kr. Shikarwar, Advocate
For the State               : Mr. Saket Kumar, A.P.P.
For O.P. No. 2              : Mr. Yogendra Prasad, Advocate
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Order No. 00 / Dated: 14th July, 2022
I.A. No. 4474 of 2015 & I.A. No. 5186 of 2022

Learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the opposite party No. 2 are present.

Learned counsel appearing on behalf of the petitioner submits that one I.A. No. 5186 of 2022 has been filed on behalf of the petitioner praying therein that 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, the stay order has expired automatically and the learned Trial Court has also proceeded with the case and the case is running for the appearance of the accused and therefore, it is urged on behalf of the petitioner that let the interim order granted to the petitioner be continued till the disposal of this case.

Learned counsel appearing on behalf of opposite party No. 2 submitted that he has not received the copy of the Interlocutory Application.

Accordingly, the learned counsel appearing on behalf of the petitioner is directed to serve the copy of the Interlocutory Application to the learned counsel appearing on behalf of the opposite party No. 2.

Further the learned A.P.P. appearing on behalf of the State is directed to file the counter in this case alongwith the case diary.

It appears that on earlier occasion one Interlocutory Application being I.A. No. 4474 of 2015 was also filed in this case praying therein to add in the prayer portion for quashing the order taking cognizance dated 3.3.2015 by which the learned Court below after submission of the charge-sheet took the cognizance against this petitioner for the offence punishable under Sections 341, 323, 504 of the Indian Penal Code and Section 3(x) of the SC/ ST (Prevention of Atrocities) Act, 1989.

Learned counsel appearing on behalf of the opposite party No. 2 did not deny this fact.

Having taken into consideration the aforesaid facts and having been satisfied and for the ends of justice the prayer made vide I.A. No. 4474 of 2015 is also included and I.A. No. 4474 is made a part of this petition and the prayer of the petitioner is allowed.

In view of the aforesaid circumstances, the interim relief granted to this petitioner vide order dated 29.04.2014, that this petitioner shall not be arrested in connection with Sadar S.C. & S.T. P.S. case No. 13 of 2012 (G.R. No. 4449 of 2012) shall remain in force till the next date.

It is made clear that the petitioner will cooperate in the criminal proceeding pending in the Court below, failing which the case of the petitioner shall be disposed of on the basis of the materials available on record.

The aforesaid interlocutory applications being I.A. No. 4474 of 2015 & I.A. No. 5186 of 2022, are according disposed of.

Let this case be listed after six weeks.

J.Minj                                              (Navneet Kumar, J.)