Seema Sarswat vs The State Of Jharkhand And Anr
2022 Latest Caselaw 3620 Jhar

              IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2148 of 2022

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       Seema Sarswat                                        ..... Petitioner
                                --    Versus       --
       The State of Jharkhand and Anr.                      ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Saurabh Shekhar, Advocate For the State :- Mr. Satish Prasad, Advocate

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4/09.09.2022 Learned counsel for the petitioner submits that the

petitioner is friend of the husband of the O.P.No.2. He submits that this

petitioner has not been made accused in the complaint petition however

the learned court has taken cognizance. He submits that the learned

court has taken cognizance under sections 498A, 406 and 34 of the

Indian Penal Code as well as under section 3 /4 of the Dowry Prohibition

Act. There is no specific allegation against the petitioner and in support

of his submission he relied in the case of U.Suvetha v. State by Inspector

of Police and Another, (2009) 6 SCC 757 and relied on paragraph nos.11

and 18 of the said judgment.

Mr. Vikash Kumar, the learned counsel appears suo motu for

the O.P.No.2. He submits that he will counter affidavit within three

weeks.

In view of appearance of the O.P.no.2 no notice is required

to be issued.

In view of the aforesaid facts, so far the petitioner is

concerned, charge shall not be framed in connection with Lower Bazar

P.S.Case No.55 of 2018, G.R.No.946 of 2018, pending in the court of

Judicial Magistrate at Ranchi, till the next date.

Let it appear on 14.12.2022.

( Sanjay Kumar Dwivedi, J.)

SI/