Tribhuwan Prasad vs The State Of Jharkhand
2022 Latest Caselaw 4295 Jhar

              IN      THE HIGH COURT OF JHARKHAND AT RANCHI
                                      Cr.M.P. No. 3612 of 2022
      1. Tribhuwan Prasad
      2. Anil Prasad
      3. Chatradhari Saw
      4. Sanjay Prasad
      5. Umesh Prasad
      6. Prem Prasad @ Prem Kumar
      7. Pankaj Saha @ Pankaj @ Pankaj Kumar
      8. Arghu Saw
      9. Rupchand Prasad
      10. Bir Mohan Saw @ Birmohan Prasad
      11. Raghunath Prasad
      12. Sanjay Prasad
      13. Ashok Prasad                                 ..... ... Petitioners
                                   Versus
      1. The State of Jharkhand.
      2. Basanti Devi                          .       ..... ...     Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Sidhartha Roy, Advocate.

      For the State             :        Mr. Pankaj Kumar, P.P.
      For the O.P. No. 2        :        Mr. Ajit Kumar, Advocate.
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02/ 19.10.2022 Office has made an objection that a petition under Section 482 Cr.P.C. is not maintainable, in view of the SC/ST (POA) Act.

On the other hand, Mr. Sidhartha Roy, learned counsel appearing for the petitioners submits that in the light of the judgment of the Hon'ble Orissa High Court, the petition under Section 482 Cr.P.C. is maintainable. He submits that the inherent power conferred under Section 482 Cr.P.C. has not been taken up by any statute. He further submits that the petitioners and the O.P. No. 2 have compromised their case and to that effect an I.A. has also been filed in this case.

Mr. Pankaj Kumar, learned P.P. appearing for the State as well as Mr. Ajit Kumar, learned counsel appearing for the O.P. No. 2 will assist the court on this point on the next date of listing.

In view of the above, this matter is required to be decided by this Court and also the compromise has arrived at between the parties, no coercive steps shall be taken against the petitioners, in connection with SC/ST Complaint Case No. 599 of 2017, pending in the court of learned Additional Sessions Judge-I-cum-Special Judge (SC/ST), Ramgarh, till the next date of listing.

Let this matter appear on 03.11.2022 under the same heading.

(Sanjay Kumar Dwivedi, J.) Amitesh/-