Sanjay Prasad vs The State Of Jharkhand & Anr
2022 Latest Caselaw 2190 Jhar

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              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No. 1492 of 2022

        Sanjay Prasad                                    ......     Petitioner
                                 Versus
        The State of Jharkhand & Anr.                    ......     Opposite Parties

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

        For the Petitioner     : Mr. Anoop Kr. Mehta, Advocate
        For the State          :Mr. Shiv Shankar Kumar, A.P.P.
        2/Dated: 15/06/2022

Learned counsel appearing for the petitioner submits that by the Board

Resolution dated 13.12.2016 of the Company namely M/s Elite Hospital Limited, the

O.P. No. 2 and Shri Gyanchand Jaiswal were appointed as Directors on the Board of

Directors of the Company. He submits that pursuant to the said resolution, both Dr.

Santosh Kumar Gupta (Informant) and Gyanchandra Jaiswal were appointed as

Additional Directors of the company under the signature of the petitioner. He further

submits that subsequently the O.P. No. 2 has resigned from the Board of Directors and

thereafter filed the FIR, i.e. after three years. He also submits that the dispute is civil

in nature, however criminal case has been filed against the petitioner and the

company has not been made accused in this case. Learned counsel has relied upon a

judgment of the Hon'ble Supreme Court in the case of Sunil Bharti Mittal - versus-

CBI, reported in (2015) 4 SCC 609.

Let notice be issued upon the O.P. No. 2 in main petition as well as in I.A.

No. 4663/2022 under registered cover with A/D as well as by ordinary process, for

which, requisites etc. must be filed within two weeks.

No coercive steps shall be taken against the petitioner in connection with

Mango (Ulidih) P.S. Case No. 202 of 2019, pending in the court of learned Judicial

Magistrate, 1st Class, Jamshedpur, till the next date of listing.

The petitioner shall co-operate in the investigation.

Post this matter on 02.09.2022 alongwith Cr.M.P. No. 927 of 2022.

( Sanjay Kumar Dwivedi, J.) Satyarthi/