Jharkhand High Court
Rakesh Ranjan @ Munna @ Jhunna vs The State Of Jharkhand & Anr on 1 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3034 of 2019
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Rakesh Ranjan @ Munna @ Jhunna ... ... Petitioner
Versus
The State of Jharkhand & Anr. ... ... Opposite Parties
With
Cr. Rev. No. 358 of 2020
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Anuj Tete ... ... Petitioner
Versus
The State of Jharkhand & Anr. ... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioners : Mr. Indrajit Sinha, Advocate
: Mr. Shubhashis Rasik Soren, Advocate
For the State : Mr. Ramesh Kumar, A.P.P.
: Mrs. Vandana Bhirti, A.P.P.
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st
Order No. 07 / Dated: 1 March, 2023
I.A. No. 1290 of 2023
Heard learned counsel for the petitioners and learned counsel for the State in
both the aforesaid Cr.M.Ps. No one appears on behalf of opposite party No. 2.
Cr.M.P. No. 3034 of 2019
Learned counsel appearing on behalf of the petitioner has submitted that one
Interlocutory Application being I.A. 1290 of 2023 has been filed on behalf of the
petitioner submitting therein 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, the interim relief granted to
the petitioner vide order dated 17.01.2020 has been vacated and the learned Court
below has split up the record of this petitioner from the other co-accused persons
vide order dated 26.11.2022 in order to frame the charge against the co-accused
persons and accordingly the charge against the co-accused persons have been
framed.
It has further been pointed out that the initiation of the criminal proceeding
against the present petitioner is gross abuse of the process of law and therefore, the
interim relief granted to the petitioner vide order dated 17.01.2020 be extended till
the disposal of the present Cr.M.P.
Cr.M.P. No. 3034 of 2019
With
Cr. Rev. No. 358 of 2020
It appears from the record that opposite party No. 2 has appeared in this case
but today there is no one to represent opposite party No. 2.
It is made clear that one more opportunity by way of last indulgence is given
to the learned counsel appearing on behalf of opposite party No. 2, to appear and
argue the matter positively on the next date, failing which appropriate orders shall
be passed on the basis of the materials available on record.
Learned counsel for the State is directed to procure the case diary positively
by the next date.
Having taken into consideration the facts and circumstances of this case, it is
found just and fair to extend the interim relief granted to the petitioner vide order
dated 17.01.2020 and accordingly the further proceedings of Chainpur P.S. Case
No. 20 of 2015, (G.R. No. 436 of 2015), pending in the Court of Additional Chief
Judicial Magistrate, Gumla, is extended and shall remain stayed so far as this
petitioner is concerned, till the next date.
In this view of the matter, the pending Interlocutory Application being I.A.
No. 1290 of 2023 gets disposed of accordingly.
Cr. Rev. No. 358 of 2020
Learned counsel appearing on behalf of the petitioner submitted that this
criminal revision has been preferred against the order dated 06.01.2020 by which
the prayer of the petitioner for discharge has been rejected.
Learned counsel for the petitioner is directed to implead the informant-
Meena Devi as opposite party No. 2, in the course of the day and take the steps for
issuance of notice by registered cover with A.D. as also through general post for
which requisites etc. must be filed within two weeks, failing which this criminal
revision shall stand rejected without further reference to a Bench.
Learned counsel for the State is directed to procure the neatly typed case
diary in this case positively by the next date.
Let these cases be listed after four weeks.
J.Minj (Navneet Kumar, J.)
