Wasim Ahmed @ Wasim Ahmad vs The State Of Jharkhand & Others
2023 Latest Caselaw 2442 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P. (Cr.) No. 428 of 2023
                Wasim Ahmed @ Wasim Ahmad                          ... Petitioner
                                           -Versus-
                The State of Jharkhand & others                    ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mrs. Ritu Kumar, Advocate Mr. Suraj Verma, Advocate For the State : Mr. Prashant Kumar Rai, A.C. to S.C. (L&C)-I

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04/25.07.2023 Mrs. Ritu Kumar, learned counsel appearing for the petitioner submits that the charge-sheet has not been submitted as yet and the learned court has not taken any cognizance and the police is having power of arresting itself, however, when the charge-sheet is not submitted, that stage has not come and in spite of that, the police has filed the petition before the learned court and the learned court, only on the application of the I.O, has directed to issue non-bailable warrant and process under Section 82 Cr.P.C. against the petitioner. To buttress this argument, she relied upon the judgment passed by the Punjab and Haryana High Court in Gurjeet Singh Johar v. State of Punjab and another; [(2019) SCC OnLine P&H 2606] and also the judgment passed by the Delhi High Court in Arun Kumar Parihar v . State (Govt. of NCTD); (MANU/DE/0590/2021) .

2. Issue notice upon respondent no.5 by ordinary process as well as registered post with A/D, for which, requisites etc. must be filed within a week.

3. Learned counsel for the respondent-State shall take instruction also file counter affidavit within four weeks.

4. Let it appear on 11.09.2023.

5. Till the next date, no coercive steps shall be taken against the petitioner in connection with Daltonganj (Town) P.S. Case No.91 of 2023 arising out of Complaint Case No.540 of 2023, pending in the court of the learned Chief Judicial Magistrate, Palamau.

(Sanjay Kumar Dwivedi, J.) Ajay/