Jharkhand High Court
Vinay Kumar Narayan Son Of Late Jai ... vs The State Of Jharkhand on 8 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1305 of 2006
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Vinay Kumar Narayan son of Late Jai Prakash Narayan, resident of
A-73, Airbase Colony, P.O. & P.S. Kadma, Jamshedpur, East
Singhbhum.
... Petitioner
-versus-
The State of Jharkhand ... Opposite Party
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner : Md. Asghar, Advocate
For the State : Ms. Snehlika Bhagat, A.P.P.
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12/ 08.05.2023 Heard learned counsel for the petitioner and learned A.P.P. for the
State.
2. In this criminal miscellaneous petition, petitioner has prayed for
quashing the order dated 24.07.2006, by which cognizance for offence under
Sections 467, 468, 471, 477A and 120B of the Indian Penal Code has been
taken by learned Judicial Magistrate, Jamshedpur and thereafter summons
have been issued to this petitioner.
3. So far as this petitioner is concerned, I find from the ordersheet
that there was order directing not to take any coercive steps against the
petitioner. A report was called for from the Trial Court considering 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. Pursuant to which the report
has been received, which suggests that so far as this petitioner is concerned,
charge has not yet been framed, whereas in respect of other accused persons,
they have been acquitted after full fledged trial. Further, I find that the interim
order has been extended from time to time and lastly it was extended on
27.09.2022. Thus, there is an order not to take any coercive steps against this
petitioner.
4. Considering the fact that all the other co-accused persons have
been acquitted and so far as this petitioner is concerned, charge is yet to be
framed, I direct the petitioner to surrender before the Trial Court within three
weeks and file bail bonds, which shall be accepted by the Trial Court. Once
the bail bond is accepted, the petitioner shall be at liberty to pray for discharge
by filing an appropriate application. On the said discharge petition, the Trial
Court shall pass an order taking into consideration all the facts and
circumstances, especially taking into consideration that all the other co-
accused persons have been acquitted after proper trial. The application for
discharge should be filed by the petitioner within four weeks from today and
the Trial Court shall dispose of the said application within a period of two
weeks from the date such application is filed. It is made clear that if the
petitioner does not appear before the Court below and furnish bail bond within
three weeks, the Court below will pass appropriate orders.
5. This criminal miscellaneous petition is disposed of with the
aforesaid observations and directions.
(Ananda Sen, J.)
Kumar/Cp-03
