Md. Sajid Akhtar @ Balister vs The State Of Jharkhand & Anr
2022 Latest Caselaw 2673 Jhar

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              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No. 1291 of 2022

        1. Md. Sajid Akhtar @ Balister
        2. Md. Arif Hussain @ Arfi
        3. Md. Shahid Akhtar @ Sahid @ Md. Sahid Aktar
        4. Md. Quaiser Akhtar @ Kaish @ Md. Quiser Akhtar
        5. Shabana Parween @ Rani                                ......    Petitioners
                                  Versus
        The State of Jharkhand & Anr.                   ......       Opposite Parties

              CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                   ---------

For the Petitioners : Mr. Kaushik Sarkhel, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl. P.P.

4/Dated: 14/07/2022 Learned counsel for the petitioners submits that petitioner no. 1

to 4 are brother-in-law and petitioner no. 5 is sister-in-law of the O.P. No. 2 and

there is omnibus allegation against the petitioners. He further submits that

cognizance has been taken under sections 498A of the I.P.C. and under section

3/4 of D.P. Act. He further submits that the petitioners are residing separately

from O.P. No. 2 and her husband. He further submits that time and again the

Hon'ble Supreme Court has held that only on omnibus allegation family

members are being implicated in the matrimonial dispute. According to him the

present case is covered in the light of judgment in the case of "Preeti Gupta

Vs. State of Jharkhand" reported in (2010) 7 SCC 667.

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 filled

within two weeks.

No coercive step shall be taken against the petitioners in

connection with Complaint Case No. 956 of 2021, pending in the Court of

learned Judicial Magistrate, Godda till the next date.

Let it appear on 22.12.2022.

( Sanjay Kumar Dwivedi, J.) Satyarthi/