Rajesh Kumar Sharma vs The State Of Jharkhand
2022 Latest Caselaw 4557 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Criminal Revisional Jurisdiction)
                      Criminal Revision No. 294 of 2015
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Rajesh Kumar Sharma                                            ... ... Petitioner
                                 Versus
The State of Jharkhand                               ...         ... Opposite Party

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner        : Mr. Raja Ravi Shekhar Singh, Amicus
For the State             : Mr. Anup Pawan Topno, APP
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Order No. 09/ Dated: 14th November 2022

Heard Mr. Raja Ravi Shekhar Singh, the learned Amicus. Mr. Anup Pawan Topno, the learned APP states that the complainant is presently residing in the State of Orissa.

By an order dated 20th July 2022, the learned APP was directed to transmit a copy of the order dated 21 st June 2022 to the officer-in-charge of Mango PS for service upon the petitioner so as to give notice of hearing of the present criminal revision petition to the petitioner.

An affidavit dated 30th August 2022 has been filed by Mr. Shamim Khan, Sub-Inspector, Olidih OP, East Singhbhum to the effect that a copy of the order dated 21st June 2022 was duly served upon the petitioner.

Inspite of service of notice upon the petitioner through the officer-in-charge, Mango PS, he has not turned up to prosecute the present criminal revision petition.

Mr. Anup Pawan Topno, the learned APP further states that a notice regarding hearing of the present criminal revision petition was sent to the complainant who is presently residing in the State of Orissa, however, she has not shown any inclination to prosecute this criminal revision petition.

In the aforesaid circumstances, keeping in mind that the offence under section 354 of the Indian Penal Code is a kind of personal injury to the complainant, Ms. Anjali Sinha, the learned counsel who is present in the Court, is requested to assist the Court as Amicus on behalf of the complainant in the present criminal revision petition.

Registry shall provide a complete set of paper book along with 2 Criminal Revision No. 294 of 2015

all the necessary documents to the learned Amicus.

Let name of Ms. Anjali Sinha, the learned Amicus appear in the cause list.

The learned Amicus shall be paid Rs.5,500/- for each date of hearing. The fee for the learned Amicus shall be paid by the Department of Home, Government of Jharkhand.

Let a copy of the order be given to Ms. Anjali Sinha, the learned Amicus.

Mr. Raja Ravi Shekhar Singh, the learned Amicus has referred to the judgment in "Raju Pandurang Mahale v. State of Maharashtra & Anr." (2004) 4 SCC 371. On the other hand, Mr. Anup Pawan Topno, the learned APP has referred to the judgment in "Rupan Deol Bajaj (Mrs) & Anr. v. Kanwar Pal Singh Gill & Anr." (1995) 6 SCC 194.

The short synopsis and written notes of arguments prepared by the learned Amicus and the learned APP are taken on record.

For reply by the learned APP, post this matter on 25 th November 2022.

Part heard.

(Shree Chandrashekhar, J.) R.K.