Mukesh Kumar vs The State Of Jharkhand & Another
2022 Latest Caselaw 3866 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 3337 of 2022
             Mukesh Kumar                                            ... Petitioner
                                       -Versus-
             The State of Jharkhand & another                        ... Opposite Parties
                                             -----

             CORAM:      HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                             -----
             For the Petitioner              : Mr. R.S. Mazumdar, Sr. Advocate
             For the Opposite Party No.2     : Mr. Yogendra Prasad, Advocate
                                             -----

02/21.09.2022. Mr. R.S. Mazumdar, learned senior counsel appearing for the

petitioner submits that he will not rely on pages 81, 82, 99 to 102, 104,

105, 112, 114 to 117, 184 and 185 of the petition. He further submits that

surviving defect may kindly be ignored.

In view of such submission, surviving defect is ignored at his

own risk.

Mr. R.S. Mazumdar, learned senior counsel appearing for the

petitioner submits that the petitioner was the Municipal Commissioner of the

Ranchi Municipal Corporation. He further submits that the complaint was

filed and the learned Judicial Magistrate referred the matter under Section

156(3) Cr.P.C. to institute the FIR. Bariatu Police Station has not instituted

the FIR on the ground that the said police station is not having jurisdiction

of the complaint as it is out of the jurisdiction of the said police station. The

complainant again went to the learned Judicial Magistrate, who ordered to

file the complaint in a competent court. The said order was challenged by

opposite party no.2 in Cr. Revision No.158 of 2022. In the said criminal

revision, vide order dated 30.06.2022, the learned Judicial Commissioner,

Ranchi directed the learned Magistrate to direct the concern police station

to comply its earlier order to lodge FIR by the same police station. He

further submits that in the said criminal revision, the petitioner was made

opposite no.8, however without hearing the petitioner the learned Judicial

Commissioner, Ranchi has passed the impugned order. He also submits that

there are decisions of the Hon'ble Supreme Court that in a revision petition,

without hearing the other side the revision cannot be decided. He relied

upon the judgment in Manharibhai Muljibhai Kaparia v. Shaileshbhai

Mohanbhai Patel & others, [(2012) 10 SCC 517]. He further submits

that fraudulent act of the accused namely Pradeep Bagchi came to the

knowledge of the petitioner's office that forged and fabricated documents

were used to obtain holding number and, therefore an FIR being Bariatu

P.S. Case No.141 of 2022 was registered against the accused Pradeep

Bagchi and the holding numbers allotted by Ranchi Municipal Corporation

were cancelled forthwith.

Learned counsel Mr. Yogendra Prasad has appeared suo motu on

behalf of opposite party no.2 and he submits that he has received

Vakalatnama on behalf of opposite party no.2 and he will file Vakalatnama

by tomorrow. He seeks a week's time to file counter affidavit.

Since Mr. Yogendra Prasad has already appeared on behalf of

opposite party no.2, there is no need of issuing notice.

Till the next date, there shall be stay of the order dated 30.06.2022

passed in Criminal Revision No.158 of 2022 by the learned Judicial

Commissioner, Ranchi, pending in the court of the learned Judicial

Magistrate, 1st Class-XVI, Ranchi.

Let this matter appear on 24.11.2022.

(Sanjay Kumar Dwivedi, J.) Ajay/