Jharkhand High Court
Anirudh Kumar Nayak vs The State Of Jharkhand And Others on 21 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Acquittal Appeal (DB) No. 29 of 2020
Anirudh Kumar Nayak ... Appellant
Versus
The State of Jharkhand and others ... Respondents
With
Criminal Appeal (DB) No. 125 of 2020
Binod Nayak ... Appellant
Versus
The State of Jharkhand ... Respondent
With
Criminal Appeal (DB) No. 207 of 2020
Gurucharan Nayak and another ... Appellants
Versus
The State of Jharkhand ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Appellants : Mr. A. K. Kashyap, Senior Advocate
: Ms. Supriya Dayal, Advocate
: Mr. Anurag Kashyap, Advocate
[in Criminal Appeal (DB) No. 207 of 2020]
: Mr. Sanjiv Kumar, Senior Advocate
: Md. Shadab Ansari, Advocate
: Mr. Sanjeet Nayak, Advocate
[in Criminal Appeal (DB) No. 125 of 2020]
: Mrs. Neeta Krishna, Amicus
[in Criminal Appeal (DB) No. 125 of 2020]
For the State : Mr. Pankaj Kumar, PP
[in Criminal Appeal (DB) No. 207 of 2020]
: Ms. Nehala Sharmin, Spl. P.P.
[in Acquittal Appeal (DB) No. 29 of 2020 and
Criminal Appeal (DB) No. 125 of 2020]
For the Resp. Nos. 2 to 6 : Mr. Subodh Kumar Pandey, Advocate
[in Acquittal Appeal (DB) No. 29 of 2020]
For the Informant : Mr. D. K. Chakraverty, Advocate
: Mr. Gaurav Kumar, Advocate
[in Criminal Appeal (DB) No. 125 of 2020]
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Order No. 13/ Dated: 21st August 2023
Written submissions on behalf of the parties are taken on
record.
2. Heard.
3. Mr. A. K. Kashyap, the learned senior counsel for the
appellants in Criminal Appeal (DB) No. 207 of 2020 has relied on the
following judgments:
(i) "Adalat Pandit Vs. State of Bihar" (2010) 6 SCC 469
(ii) "Jagjit Singh Vs. State of Punjab" (2005) 3 SCC 689
(iii) "Gayadin Vs. State of M.P." (2005) 12 SCC 267.
4. Mrs. Neeta Krishna, the learned Amicus has relied on the
following judgments:
(i) "Harbeer Singh Vs. Sheeshpal and others" and analogous
cases (2016) 16 SCC 418
(ii) "Ganesh Bhavan Patel and another Vs. State of
Maharashtra" (1978) 4 SCC 371
(iii) "Sachin Vs. State of Maharashtra, through Police Station
Officer" 2019 SCC OnLine Bom 1080
(iv) "Davinder Vs. Ram Dutta and another" 1990 (Supp.) SCC
(v) "Raju Alias Balachandran and others Vs. State of Tamil
Nadu" (2012) 12 SCC 701.
5. Mr. Subodh Kumar Pandey, the learned counsel for the
respondent nos. 2 to 6 in Acquittal Appeal (DB) No. 29 of 2020 has
relied on the following judgments:
(i) "Roy Fernandes Vs. State of Goa" (2012) 3 SCC 221
(ii) "State of Rajasthan Vs. Ramanand" (2017) 5 SCC 695.
6. Mr. D. K. Chakraverty, the learned counsel for the informant
has relied on the following judgment:
(i) Order dated 07th October 2021 passed in Cr. A. No. 1181 of
2019 "Goutam Joardar Vs. State of West Bengal"
7. Mr. Sanjiv Kumar, the learned senior counsel for the appellant
in Criminal Appeal (DB) No. 125 of 2020 has relied on the following
judgments:
(i) "Baby @ Sebastian and another Vs. Circle Inspector of
Police, Adimaly" 2016 (7) SCALE 444
(ii) "Maruti Rama Naik Vs. State of Maharashtra" 2004 SCC
(Cri.) 958
(iii) "Mousam Singha Roy and others Vs. State of W.B." (2003)
12 SCC 377
(iv) "State of U.P. Vs. Jai Singh and others" passed in
Government Appeal No. 3170 of 1981
(v) "Khema alias Khem Chandra etc. Vs. State of Uttar
Pradesh" 2022 SCC OnLine SC 991.
8. Judgment reserved.
(Shree Chandrashekhar, J.)
(Anubha Rawat Choudhary, J.)
Pankaj/-
