Ms. Chandana Kumari vs Unknown
2024 Latest Caselaw 1615 Jhar

Jharkhand High Court

Ms. Chandana Kumari vs Unknown on 17 February, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                Cr. Rev. No. 283 of 2022
                                          With
                                  I.A. No.4656 of 2022
                                         With
                                Cr. Rev. No. 285 of 2022
                                          With
                                  I.A. No.4657 of 2022

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Ms. Chandana Kumari, Advocate For the Opp. Party : Ms. Shivani Jaluka, Advocate

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07/17.02.2024 The learned counsels for the parties are present.

2. The learned counsel for the petitioner in both the cases has submitted that the order was reserved by a coordinate Bench of this Court on 18.07.2022 and thereafter vide order dated 18.07.2023, it has been recorded that these two revision applications are required to be heard in the light of a number of judgments referred to in the order. By the said order, further proceedings in Misc. Criminal Application No.160 of 2022 and Misc. Criminal Application No.313 of 2022 in connection with R.C.09(A)/1997-D has been stayed.

3. The learned counsel has submitted that during the pendency of this case, the charge has been framed, and for this, interlocutory applications have been filed seeking amendment of the main petition.

4. The learned counsel for the opposite party has opposed the prayer. She submits that a reply is required to be filed to the interlocutory application.

5. However, this Court is of the considered view that the scope of consideration in the matter of rejection of discharge petition and that of framing of charge under different sections by a subsequent order are different stages of the case and are not one and the same. Moreover, in revision petition this court has to examine the legality and validity of the impugned order passed by the learned court below which is already impugned in the present proceedings, therefore, this Court is prima facie not inclined to allow the interlocutory applications seeking amendment to challenge the orders framing charge against the accused persons.

6. Upon this, learned counsel for the petitioner seeks one day accommodation to advance her arguments.

7. Post these cases on 19.02.2024 under the heading for 'Orders' to be taken up as a first case at 10.30 a.m.

(Anubha Rawat Choudhary, J.) Saurav