Dr. Nishikant Dubey vs The State Of Jharkhand
2022 Latest Caselaw 4419 Jhar

                                                    1

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 3090 of 2022

        Dr. Nishikant Dubey                                         ......      Petitioner
                                       Versus
        The State of Jharkhand                               ......     Opposite Party
                                       ---------

        CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                  ---------
        For the Petitioner : Mr. Prashant Pallav, Advocate
                             Mr. Parth Jalan, Advocate
        For the State      : Mr. Manoj Kumar, G.A.-III

        4/Dated: 04/11/2022

Learned counsel for the petitioner submits that on the same day five cases

have lodged against the petitioner. He further submits that the allegation made against the

petitioner arises during the MadhupurVidhansabha by-election where the petitioner was

campaigning for his political party. He submits that the FIR was lodged after six months of the

alleged occurrence. He submits that the offences are non-cognizable and the FIR is also not

maintainable and it is in the teeth of violation of section 195 Cr.P.C which provides that the

learned court cannot take cognizance of the offence punishable under sections 172 to 188 of

IPC. He submits that the case of the petitioner is fully covered in light of the judgment

delivered by the Hon'ble Patna High Court in the case of Dharmesh Prasad Verma v. State of

Bihar, MANU /BH/0313/2016 and this subject was also considered by the Hon'ble Supreme

Court in the case of State of U.P.v. Mata Bhik, (1994) 4 SCC 95. On the point of section 171- F

IPC, he relied in the case of Prakash Jha v. The State of Bihar and Ors, MANU/BH/1103/2017.

He further submits that on the identical facts and circumstances the Hon'ble Supreme Court

has interfered in the case of Manik Taneja v. State of Karnataka, (2015) 7 SCC 423. He

submits that the petitioner is unnecessarily dragged in 17 cases.

Mr. Manoj Kumar, the learned counsel for the respondent State shall take

instruction and file counter affidavit within four weeks.

Till the next date, no coercive steps shall be taken against the petitioner in

connection with Chitra P.S. Case No. 59/2021 pending in the court of learned SDJM, Dumka.

Post on 24.01.2023 along with Cr.M.P. No. 3246 of 2022.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/