Dr. Rajashri Bhushan @ Dr. ... vs The State Of Jharkhand
2023 Latest Caselaw 1665 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (Cr.) No. 169 of 2023
                 Dr. Rajashri Bhushan @ Dr. Rajshree Bhushan ... Petitioner
                                       -Versus-
            1.   The State of Jharkhand
            2.   Mukesh Kumar Singh                          ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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            For the Petitioner         : Mr. Anil Kumar Sinha, Sr. Advocate
                                         Mr. Suraj Singh, Advocate
            For the State              : Mr. Manish Kumar, Sr. S.C.-II
                                              -----

02/19.04.2023     Mr. Anil Kumar Sinha, learned senior counsel for the petitioner

submits that by the impugned order, the learned court has issued warrant of

arrest against the petitioner only on the petition filed by the informant

stating therein that one Cr.M.P., filed by the petitioner challenging the FIR

has been withdrawn and only on that ground, the warrant of arrest has

been issued. He further submits that the petitioner has not received any

notice under Section 41-A of Cr.P.C. and charge-sheet has not been

submitted as yet. He also submits that the stage of approaching the learned

court has not come as yet and in spite of that on approaching the learned

court, the learned court has issued warrant of arrest against the petitioner.

To buttress his arguments, he relied upon the judgment passed by the

Hon'ble Supreme Court in State through CBI v. Dawood Ibrahim

Kaskar & ors.; [(2000) 10 SCC 438].

2. Mr. Manish Kumar, learned counsel for the State seeks four weeks'

time to file counter affidavit.

3. Issue notice upon respondent no.2 by ordinary process as well

as registered post with A/D, for which, requisites etc. must be filed within

a week.

4. Till the next date, no coercive steps shall be taken against the

petitioner in connection with Saraidhela P.S. Case No.227 of 2021, pending

in the court of the learned Chief Judicial Magistrate, Dhanbad.

5. It is made clear that there is no stay of investigation and the

Investigating Officer shall proceed with the investigation, in accordance with

law. The petitioner will cooperate in the investigation.

6. Let this matter appear on 21.06.2023.

(Sanjay Kumar Dwivedi, J.) Ajay/