Jharkhand High Court
Udai Narain Thakur vs The State Of Jharkhand on 7 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2145 of 2013
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Udai Narain Thakur ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Pandey Neeraj Rai, Advocate
For the State : Md. Hatim, A.P.P.
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Order No. 07 / Dated: 07 September, 2022
th
I.A. No. 6691 of 2022
Learned counsel for the petitioner and learned counsel for the State,
are present.
Learned counsel Mr. Pandey Neeraj Rai, appearing on behalf of the
petitioner submitted that one Interlocutory Application being I.A. No. 6691
of 2022 has been filed on behalf of the petitioner praying therein for the
extension of the interim relief granted to the petitioner on earlier occasion
vide order dated 22.10.2013, that no coercive action shall be taken against
the petitioner, in connection with Laterhar P.S. Case No. 23 of 2000
corresponding to G.R. No. 99 of 2000, presently pending in the Court of
learned Chief Judicial Magistrate, Latehar.
Further it has been submitted that in the light of the judgment passed
by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road
Agency Private Ltd. & Another Versus C.B.I. reported in (2018) 16 SCC 299,
it shall be deemed that the stay granted by this Court has expired
automatically and therefore, it is prayed on behalf of the petitioner to
extend the interim order granted to this petitioner vide order dated
22.10.2013.
It has also been pointed out that in the departmental proceeding on
the same set of facts and charges levelled against the petitioner, the
petitioner has been acquitted and he has been exonerated from all the
charges based on the similar facts and circumstances of this case and in
support of his contention he has relied upon the rulings of the Hon'ble
Supreme Court reported in (2020) 9 SCC 636.
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On the other hand learned counsel, Md. Hatim, appearing on behalf
of the State seeks adjournment to file counter in this case which is under
process.
Having taken into consideration the aforesaid facts and circumstances
of this case, it is just and fair to extend the interim relief granted to the
petitioner as on 22.10.2013 that no coercive action shall be taken against the
petitioner, in connection with Laterhar P.S. Case No. 23 of 2000
corresponding to G.R. No. 99 of 2000, presently pending in the Court of
learned Chief Judicial Magistrate, Latehar, shall remain in force till the next
date.
Accordingly, I.A. No. 6691 of 2022, gets disposed of.
Further it appears from the record that a report has been received
from the Court of learned District & Additional Sessions Judge-III, Latehar,
by which it appears that the case pertaining to Latehar P.S. Case No. 23 of
2000, corresponding to G.R. No. 99 of 2000, with respect to this petitioner-
Udai Narain Thakur, has been disposed of on 21.07.2016 by the Court of
learned Chief Judicial Magistrate, Latehar, whereas the learned counsel
appearing on behalf of the petitioner has submitted that this petitioner Udai
Narain Thakur has never appeared before the learned Court below in this
case because the interim relief was granted to the petitioner by this Court
on 22.10.2013 and it has also been submitted by the learned counsel for the
petitioner that from the order-sheet of the learned Judicial Magistrate, in
G.R. No. 99 of 2000 vide order dated 13.03.2012 the case of this petitioner
has been split up showing him as absconder and the record of this
petitioner has been assigned to the record room and all these orders are
under challenge before this Court which is pending at present vide present
Cr.M.P. filed by this petitioner, therefore, the concerned Court of learned
Judicial Magistrate, is directed to send a comprehensive report as to under
what circumstances, the record of this petitioner has been split up and
assigned to the record room by a detailed status report called for by this
Court vide order dated 23rd June, 2022 followed by another order dated
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22.08.2022, positively within six weeks, in view of the fact that the report
sent by the learned Court below is wholly misconceived as appearing from
the submission advanced on behalf of the learned counsel appearing on
behalf of the petitioner.
In the meantime, the meantime, the learned A.P.P. is directed to file
counter affidavit in this case.
R.Kumar (Navneet Kumar, J.)
