Anjan Sur Son Of Late Anil Kumar Sur vs The State Of Jharkhand
2023 Latest Caselaw 1973 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. M.P. No. 695 of 2006
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1. Anjan Sur son of Late Anil Kumar Sur, resident of B-04/2, II Phase,
   Nawjeevan Complex, Baridih, PS Birsanagar, Town Jamshedpur,
   District Singhbhum East.
2. R.C. Pandey son of Late J.N. Pandey, resident of B-03/1, II Phase,
   Nawjeevan Complex, Baridih, P.S. Birsanagar, Jamshedpur, District
   Singhbhum East.
3. G. Murlidharan son of R. Govind Rajan, resident of O2/6, II Phase,
   Nawjeevan Complex, Baridih, P.S. Birsanagar, Jamshedpur, District
   Singhbhum East.
4. K.V.S.S.R. Prasad son of K.V.R. Subramanyiyam, resident of B-03/4,
   II Phase, Navjeevan Complex, Baridih, P.S. Birsanagar, Jamshedpur,
   District Singhbhum East.
                                             ...    Petitioners
                             -versus-
1. The State of Jharkhand
2. Umesh Prasad Singh son of Late B.D. Singh, resident of Navjeevan
   Complex, Baridih, PO and PS Birsanagar, Town Jamshedpur, District
   Singhbhum East.
                                             ...    Opposite Parties
                               WITH
                    Cr. M.P. No. 1495 of 2005
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1. S.K. Dalal son of Late B.N. Dalal, President, Nawjeevan Sahakari
   Griha Nirman Samity Ltd., Baridih, Jamshedpur, resident of B/11/1,
   Navjeevan Complex, Baridih, Jamshedpur, P.O. and P.S. Birsanagar,
   Town Jamshedpur, District Singhbhum East.
2. Saibal Mukherjee son of Late B.N. Mukherjee, Vice President,
   Navjeevan Sahakari Grih Nirman Samity Ltd., Baridih, Jamshedpur,
   resident of B-04/6, II Phase, Navjeevan Complex, P.O. and P.S.
   Birsanagar, Jamshedpur, Dist. Singhbhum East.
3. A.J. Sitaram son of Late Jairam, Secretary, Navjeevan Sahakari Grih
   Nirman Samity Ltd., Baridih, resident of B-6/8, Navjeevan Complex,
   Baridih, PO and PS Birsanagar, Jamshedpur, Dist. Singhbhum East.
4. P.K. Pahari son of B.K. Pahari, Executive Member, Navjeevan
   Sahakari Grih Nirman Samity Ltd., Baridih, resident of B-12/2,
   Navjeevan Complex, Baridih, PO and PS Birsanagar, Jamshedpur,
   Dist. Singhbhum East.
5. Subodh Kumar Verma @ Subodh Verma son of Nagendra Prasad,
   Executive Member, Navjeevan Sahakari Grih Nirman Samity Ltd.,
   Baridih, Jamshedpur, resident of 01/4, II Phase, Navjeevan Complex,
   Birsanagar, PO and PS Birsanagar, Jamshedpur, Dist. Singhbhum
   East.
6. Y.J. Rao son of Late Ramola, Executive Member, Navjeevan
   Sahakari Grih Nirman Samity Ltd., Baridih, Jamshedpur, resident of
   B-19/4, Navjeevan Complex, Birsanagar, PO and PS Birsanagar,
   Jamshedpur, Dist. Singhbhum East.
                                             ...    Petitioners
                             -versus-
1. The State of Jharkhand
2. Umesh Prasad Singh son of Late B.D. Singh, resident of Navjeevan
   Complex, Baridih, PO and PS Birsanagar, Town Jamshedpur, District
   Singhbhum East.
                                             ...    Opposite Parties
                                           -: 2 :-

                         CORAM : SRI ANANDA SEN, J.

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For the Petitioners : Mr. Amit Kumar Das, Advocate Mr. Indrajit Sinha, Advocate Ms. Sonal Jaiswal, Advocate For the State : Mr. Arup Kumar Dey, A.P.P.

Mr. Jitendra Pandey, A.P.P.

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10/ 08.05.2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In both these criminal miscellaneous petitions, petitioners have challenged the First Information Report in connection with Telco Police Station Case No.252 of 2005 corresponding to G.R. No.2487 of 2005, registered under Sections 420/34/406/467/468/120B of the Indian Penal Code.

3. During course of argument, it has been submitted by learned counsel for the parties, based on letter No. 50/2022 dated 4th March, 2022 of Judicial Magistrate First Class, Jamshedpur communicated to this Court that in Birsanagar (Telco) Police Station Case No.252 of 2005 corresponding to G.R. No.2487 of 2005 Chargesheet No.04 of 2012 has been submitted against (1) S.K. Dalal, (2) Saibal Mukherjee, (3) A.J. Sitaram, (4) P.K. Pahari, (5) Subodh Kumar Verma, (6) Y.J. Rao, (7) Anjan Sur, (8) R.C. Pandey, (9) G. Murlidharan and (10) K.V.S.S.R. Prasad under Sections 406, 420, 467, 468/34, 120B of the Indian Penal Code. They further submit that cognizance has also been taken for the offence punishable under Sections 420/34, 406, 467, 468, 120B of the Indian Penal Code against all the accused persons, namely, (1) S.K. Dalal, (2) Saibal Mukherjee, (3) A.J. Sitaram, (4) P.K. Pahari, (5) Subodh Kumar Verma, (6) Y.J. Rao, (7) Anjan Sur, (8) R.C. Pandey, (9) G. Murlidharan and (10) K.V.S.S.R. Prasad on 10.04.2012. Further, from the report it is apparent that on 28.02.2022 the Court has vacated the interim order dated 13.08.2013 in view of the judgment of the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Private Limited & Another versus Central Bureau of Investigation reported in (2018) 16 SCC 299. The case is pending for appearance of the accused.

4. Considering the fact that the stage of the case has changed and now the cognizance has already been taken, liberty is given to the petitioners either to challenge the order taking cognizance or to file an appropriate application for discharge before the Court below and thereafter to proceed, accordingly. With the aforesaid liberty, both these criminal miscellaneous petitions are allowed to be withdrawn. If the petitioners avail any of the

aforesaid two liberties, the said applications shall be decided in accordance with law without being prejudiced by the order passed by this Court.

(Ananda Sen, J.) Kumar/Cp-03