Bharat Sharma vs The Union Of India Through Cbi
2023 Latest Caselaw 1858 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 1113 of 2023
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       Bharat Sharma                      .... .... .... Petitioner
                            Versus
       The Union of India through CBI ....     .... .... Opp. Party

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the CBI : Mr. P.A.S. Pati, Sr. Special P.P.

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Order No.06 Dated :01.05.2023 Instant petition has been filed for quashing the order dated 07.09.2022 passed by learned S.D.J.M., Dhanbad in connection with RC 7(A)/2004-AHD-R registered under Sections 120B, 420, 467, 468, 471, 477A of the I.P.C and Section 13(2) & 13(1)(d) of the P.C. Act whereby the petition under Section 317 of the Cr.P.C. was rejected.

2. It is submitted by the learned counsel on behalf of petitioner that one petition under Section 317 of the Cr.P.C. has been filed which was rejected by the learned Court below. The petitioner could not appear as his wife died and it was she, who was looking after the case in the Court and therefore, he could not appear in person before the Court on 07.09.2022.

3. Learned A.P.P. has opposed the prayer. It is submitted that statement case was for the statement of the accused under Section 313 of the Cr.P.C. and therefore, bail was cancelled.

4. Considering the grounds taken, the impugned order is set aside. The petitioner is directed to appear in person within two weeks before the Court below and thereafter on each and every date till the pronouncement of judgment.

The Criminal Miscellaneous Petition, is allowed.

(Gautam Kumar Choudhary, J.) Anit