Prakash Chandra Yadav @ Mungeri Yadav vs The State Of Jharkhand Through Its ...
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Jharkhand High Court

Prakash Chandra Yadav @ Mungeri Yadav vs The State Of Jharkhand Through Its ... on 12 November, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cont. Case (Civil) No. 527 of 2022
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Prakash Chandra Yadav @ Mungeri Yadav, aged about 59 years, son of Anandi Yadav, resident of Netaji Subhash Colony, P.O. & P.S. Borio (Jirwabari) O.P, District Sahibganj.

.......Petitioner Versus

1. The State of Jharkhand through its Secretary, Department of Home, Jail & Disaster having office at Project Bhawan Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand).

2. Anuranjan Kispotta, son of not known to the petitioner, working for gain as Superintendent of Police, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand).

3. Arbind Kumar Singh, son of not known to the petitioner, the then Deputy Superintendent of Police, Rajmahal, currently posted as Deputy Superintendent of Police, Anti-corruption Bureau, Kanke Road, Ranchi, P.O. Ranchi University, P.S. Gonda, District Ranchi. (Jharkhand).

4. Rajiv Ranjan Singh, son of not known to the petitioner, working for gain as Inspector, Rajmahal, P.O. & P.S. Rajmahal, District Sahibganj (Jharkhand).

5. Sandip Prasad Verma, son of not known to the petitioner, working for gain as Sub-Inspector, Sahibganj at Rajmahal.

6. Pranit Pandit, aged about 28 years, son of Sarbind Prasad, working for gain as Sub-Inspector-cum-Officer-in-Charge, Rajmahal Police Station office, P.O. & P.S. Rajmahal, District Sahibganj (Jharkhand).

.....Opposite parties.

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CORAM:                HON'BLE THE CHIEF JUSTICE
                 HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner         : M/s. Indrajit Sinha, Ankit Vishal, Advocates
For the O.P-State          : Mr. Aditya Raman, A.C to G.A.-III
For the O.P No. 2          : Mr. Pankaj Kumar Choudhary, Advocate

For the O.P. Nos. 3,4,5,6 : M/s. Gautam Kumar, Sarita Kumari, Pushpanjali Kumari, Advocates 25/ Dated: 12.11.2024 Since in the instant case, the arrest of the petitioner on 30th July, 2022 was pursuant to a non-bailable warrant of arrest issued on 25.07.2022 by the Jurisdictional Magistrate, though technically there is a violation of the judgment in Arnesh Kumar v. State of Bihar and another [(2014) 8 SCC 273)], and since the private respondents have also tendered unconditional apology, we are not inclined to proceed against the private respondents for committing contempt of the said judgment,

as we are satisfied that they have a good defence. Therefore, this contempt case is closed and proceedings against the private respondents are dropped.

(M. S. Ramachandra Rao, C.J)

(Deepak Roshan, J.) jk/Vedanti