Sanjay Pasricha vs The State Of Jharkhand
2023 Latest Caselaw 406 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr.M.P. No. 2137 of 2018
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Sanjay Pasricha @ Sanjay Kumar Pasricha ... ... Petitioner Versus

1. The State of Jharkhand

2. Sanjay Kumar Singh ... ... Opposite Parties

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Aurag Kashyap, Advocate For the State : Mrs. Lily Sahay, A.P.P.

For O.P. No. 2      : Mr. Om Prakash Singh, Advocate
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Order No. 03 / Dated: 23rd January, 2023
I.A. No. 11175 of 2022

Heard learned counsel for the petitioner and the learned counsel for the State as also learned counsel for opposite party No. 2.

Learned counsel for the petitioner has pointed out that the opposite party No. 2 on earlier occasion had filed a criminal case against the petitioner for the offence punishable under Sections 420/ 406 of the Indian Penal Code vide Sadar P.S. Case No. 181 of 2017, corresponding to G.R. No 659 of 2017, registered under Sections 406 and 420 of the Indian Penal Code and after investigation the police submitted the final report absolving the petitioner from the charges levelled against him finding that it is a civil nature of dispute but the learned Court below without any proper application of judicial mind took the cognizance against this petitioner for the offence punishable under Sections 406 and 420 of the Indian Penal Code without disclosing the materials against the petitioner available in the case diary and therefore, the impugned order is bad in law.

On the other hand, learned counsel appearing on behalf of opposite party No. 2, seeks adjournment to file counter in this case.

Learned counsel for the State is also directed to procure the case diary.

-2- Cr.M.P. No. 2137 of 2018

Learned counsel for the petitioner has submitted that one Interlocutory Application being I.A. No. 11175 of 2022 has been filed on behalf of the petitioner wherein it has been urged that on earlier occasion stay granted vide order dated 16.09.2019 has been vacated by the learned Court below in the light of the judgment passed by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Private Ltd. & Another Versus C.B.I. reported in (2018) 16 SCC 299 on 07.07.2022 and therefore, it is urged on behalf of the petitioner that let the interim order granted earlier vide order dated 16.09.2019 be continued.

Having been satisfied with the submission advanced on behalf of the petitioner, the interim order dated 16.09.2019 shall remain in force till the next date.

Accordingly, Interlocutory Application being I.A. No. 11175 of 2022, gets disposed of.

        J.Minj                                           (Navneet Kumar, J.)