Dr. Nishikant Dubey vs The State Of Jharkhand
2022 Latest Caselaw 4197 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 3246 of 2022

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      Dr. Nishikant Dubey                              ..... Petitioner
                                  --   Versus    --
      The State of Jharkhand                           ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Prashant Pallava, Advocate For the State :- Mr. Manoj Kumar, Advocate Mr. P.C.Sinha, Advocate

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3/14.10.2022 Learned counsel for the petitioner submits that the allegation made against the petitioner arises during the Madhupur- Vidhansabha 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 Devipur P.S.Case No.179/2021 pending in the court of learned SDJM, Dumka.

Post on 24.01.2023.

( Sanjay Kumar Dwivedi, J.)

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