Prakash Chandra Yadav @ Mungeri ... vs The State Of Jharkhand And Others
2023 Latest Caselaw 317 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Letters Patent Appellate Jurisdiction)

                           L.P.A No. 568 of 2022

Prakash Chandra Yadav @ Mungeri Yadav                         ...... Appellant
                           Versus
The State of Jharkhand and Others                        .... ... Respondents

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
        HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant        : Mr. Vimal Kirti Singh, Advocate
                           Mr. Ujjal Choudhary, Advocate
                           Ms. Epil Moushmi Bodra, Advocate
For the Respondents      : Mr. Rajiv Ranjan, Advocate General
                           Mr. Manoj Kumar, GA-III
                           ---------

Order No. 06 /Dated: 18th January 2023

I.A. Nos.10614 of 2015 and 10615 of 2022 We have heard Mr. Vimal Kirti Singh, the learned counsel for the appellant.

The appellant has produced a compilation of judgments to demonstrate that the writ Court's order dated 2 nd November 2022 passed in W.P(Cr.) No.405 of 2022 is flawed in law.

I.A No.10614 of 2015 has been filed by the appellant for exemption from filing certified copy of the writ Court's order dated 2 nd November 2022 and I.A No.10615 of 2022 has been filed for staying the impugned order dated 2nd November 2022 as well as for staying of execution of order dated 7th November 2022 passed by the respondent no.2- the District Magistrate-cum-Deputy Commissioner, Sahibganj.

Mr. Rajiv Ranjan, the learned Advocate General appearing for the State of Jharkhand has been instructed by Mr. Manoj Kumar, the learned GA-III. On his instructions, the learned Advocate General has taken exception to final hearing of this Letters Patent Appeal on the ground that at least for the reason that since I.A No.10615 of 2022 and supplementary affidavits dated 2nd January 2023 and 10th January 2023 have been filed by the appellant, the State of Jharkhand must be given an opportunity to

traverse the statements made by the appellant in the main petition, I.A No.10615 of 2022 and in the supplementary affidavits dated 2 nd January 2023 and 10th January 2023.

Issue notice.

Mr. Manoj Kumar, the learned GA-III seeks two weeks' time for filing an affidavit in opposition to the present Letters Patent Appeal, I.A No.10615 of 2022 and the supplementary affidavits dated 2 nd January 2023 and 10th January 2023.

Post this matter on 2nd February 2023.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.)

sudhir