Prabhunath Singh vs The State Of Jharkhand
2023 Latest Caselaw 3314 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No. 671 of 2019
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1. Prabhunath Singh

2. Dena Nath Singh ...... Petitioners Versus The State of Jharkhand ...... Opp. Party

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. H. K. Shikarwar, Advocate For the State : None.

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05/01.09.2023 The Criminal Revision No. 671 of 2019 has been filed on behalf of the petitioners challenging the order dated 04.05.2019 passed by learned Chief Judicial Magistrate, Hazaribagh by which learned Chief Judicial Magistrate, Hazaribagh has rejected the discharge petition filed on behalf of the petitioners under Section 227 of the Cr. P. C. in connection with Sadar (Lohsinghana) P. S. Case No. 860 of 2017 corresponding to G. R. No. 3520 of 2017 registered under Sections 420/385/387/414/188/120 (B) of the Indian Penal Code and Section 42/45(12) of the Prisoners Act, 1894 and Jail Manual Rule 659 (12).

2. Heard learned counsel for the petitioner. However, no one appears on behalf of the State on repeated call.

3. It is submitted by the learned counsel for the petitioners that the impugned order dated 04.05.2019 by the learned Court below is arbitrary and not sustainable in the eyes of law. It is submitted that from perusal of the FIR, it appears that no case is made out against the petitioners. It is submitted that no material is available against the petitioners in the case diary, however, the false and concocted allegation have been made against the petitioners in the FIR while they were in jail custody and as such, the impugned order passed by the learned Court below may be set

aside and this Criminal Revision Application may be allowed.

4. No one appears on behalf of the State on repeated call.

5. Perused the records of this case and the report sent vide Letter No. 282 dated 28.08.2023 by Miss Mariam Hemrom, learned Judicial Magistrate 1st Class-cum-Special Court of MPs/MLA Civil Court, Hazaribag.

6. It appears from the report sent vide Letter No. 282 dated 28.08.2023 by Miss Mariam Hemrom, learned Judicial Magistrate 1st Class-cum-Special Court of MPs/MLA Civil Court, Hazaribag that charges have been framed against the petitioners on 16.04.2019 itself and the case was fixed for Judgment on 28.06.2023, but on the same day i.e. on 28.06.2023, the accused Prabhunath Singh and Dinanath Singh were not produced from jail custody and it was reported by the Assistant Jailor on the production warrant with the report that they have been shifted to AIIMS Delhi, for treatment since 03.06.2023.

7. It appears that the petitioners are named in the F.I.R. and charges have been framed against them and all the witnesses have been examined. It also appears that though the case was fixed for judgment, but the judgment could not be delivered as the petitioners were shifted to AIIMS Delhi for treatment since 03.06.2023.

8. Thus this Cr. Revision Application No. 671 of 2019 has become infructuous.

9. Under the circumstances, the instant Criminal Revision No. 671 of 2019 is dismissed as having become infructuous.

(Sanjay Prasad, J.) Kamlesh/