Sanoj Kumar vs State Of Jharkhand
2023 Latest Caselaw 3319 Jhar

                                                   1                  W.P. (Cr.) No. 253 of 2023


                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (Cr.) No. 253 of 2023
            Sanoj Kumar                                            ... Petitioner
                                        -Versus-
            State of Jharkhand                                     ... Respondent
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            CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                           -----
            For the Petitioner       : None
            For the State            : Mr. Binit Chandra, A.C. to A.A.G.-III
                                           -----

08/01.09.2023     On repeated calls, nobody has responded on behalf of the petitioner.

2. This matter was listed yesterday and yesterday also, learned counsel

for the petitioner was absent and considering that the matter before the

learned court was fixed for judgment, the matter was posted for today.

3. In this petition, the prayer is made for quashing the order dated

15.04.2023 passed by the learned Additional Sessions Judge-VI, Hazaribagh

in ST Case No.83 of 2014, whereby, the petition filed by the petitioner

under Section 311 Cr.P.C. for re-examination of the I.O., was rejected and

the learned court has passed the order for cancellation of bail of the

petitioner.

4. Considering the submission of the learned counsel for the petitioner,

on 13.07.2023, the interim protection has been provided to the petitioner.

5. In the petition, it has been averred that 15 chargesheeted witnesses

were examined. The petitioner filed a petition under Section 311 Cr.P.C. for

recall of P.W.3, P.W.4, P.W.6, P.W.7 and P.W.8 and the said petition was

rejected. Aggrieved with that, the petitioner moved before this Court by way

of filing Criminal Revision No.245 of 2022 which was dismissed vide

judgment dated 17.02.2023. The petitioner has also filed Criminal Revision

No.401 of 2021 before this Court challenging the order dated 26.02.2022

passed by the learned court, whereby, the prayer to exhibit the FSL report

on the basis of the petition filed by the prosecution under Section 293

Cr.P.C. was allowed by the learned court. The said criminal revision was also

dismissed by this Court vide judgment dated 17.02.2023.

6. Mr. Binit Chandra, learned counsel for the State submits that against

the order passed by the coordinate Bench of this Court in Criminal Revision

No.245 of 2022, the petitioner moved before the Hon'ble Supreme Court

and the said petition has already been dismissed vide order dated

21.04.2023.

7. The Court has perused the impugned order dated 15.04.2023 and

finds that the learned court has recorded in the said order that similar

petition was earlier filed by the petitioner on the ground that he wants to

approach the Hon'ble Apex Court against the order dated 25.02.2023

passed by the High Court and vide order dated 13.03.2023, an order was

already passed by the learned court and till passing of the said order, no

stay order was produced before the learned court of any higher court by the

defence and the matter was fixed for judgment. The second petition filed

under Section 311 Cr.P.C. was filed through Case Information System (CIS),

which is a mandatory requirement though the petition filed by the petitioner

dated 13.03.2023 under Section 311 Cr.P.C. was not filed through CIS. The

petitioner was already having the process of filing the petition. The learned

court has further found that in the petition under Section 311 Cr.P.C. the

prayer was made to summon the I.O. so that he can rebut Ext.5 as per the

order of the High Court dated 17.02.2023 in Criminal Revision No.401 of

2021. The learned court has further recorded that on the very last date i.e.

05.04.2023, the petitioner filed a petition in the light of the order passed by

the High Court dated 17.02.2023 with a prayer to permit him to rebut the

report of SFSL report (Ext.5), on which, a detailed order was passed by the

learned court and till that date, the petitioner has not preferred any petition

under Section 311 Cr.P.C. In view of these facts, the learned court has come

to the conclusion that the petitioner is only trying to linger the matter at the

fag end. Thereafter considering the provision of Section 311 Cr.P.C., the

impugned order has been passed by the learned court. This court finds that

there is no illegality in the impugned order.

8. Apart from that, how casually the present petition is being persuaded

by the petitioner shows that once the interim order was granted in favour of

the petitioner, he is trying to delay the matter. The matter was posted

before the learned court for judgment. The court finds that the petitioner

has already preferred two criminal revisions being Criminal Revision Nos.

401 of 2021 and 245 of 2022. The petitioner has further moved before this

Court in Cr.M.P. No.2289 of 2022. He again preferred another Cr.M.P. being

No. 4324 of 2022 and he has further moved before this Court in Cr.M.P.

No.3910 of 2022 and he also preferred Transfer Petition (Cr.) No.10 of 2023

before this Court, which was dismissed vide order dated 03.04.2023 by a

coordinate Bench of this Court.

9. In view of the above facts, reasons and analysis, it appears that the

petitioner is only trying to delay the matter.

10. Accordingly, this petition is dismissed.

11. Interim order, earlier granted by this Court, stands vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/