Abhishek Murmu vs The State Of Jharkhand
2025 Latest Caselaw 2015 Jhar

Citation : 2025 Latest Caselaw 2015 Jhar
Judgement Date : 27 January, 2025

Jharkhand High Court

Abhishek Murmu vs The State Of Jharkhand on 27 January, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Revision No. 838 of 2024
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Abhishek Murmu ......Petitioner Versus

1. The State of Jharkhand

2. Victim X .......Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Abhishek Krishna Gupta, Advocate For the State : Mr. Suraj Deo Munda, A.P.P

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Order No: 02/ Dated: 24.01.2025 I.A No. 10988 of 2024 I.A No. 10988 of 2024 has been filed on behalf of the petitioner for adding the prayer to set aside the order dated 21.08.2024 passed by learned Additional Sessions Judge-II-cum- F.T.C, O.A.W., Dumka by which the charges have been framed against the petitioner under Section 376 (2) (n) of the I.P.C in S.T Case No. 214 of 2023.

2. Learned A.P.P for the State has raised no objection.

3. Having heard learned counsel for both the sides, the prayer for challenging the order dated 21.08.2024 passed by learned Additional Sessions Judge-II-cum-F.T.C, O.A.W., Dumka is allowed.

4. Thus, I.A No. 10988 of 2024 is allowed and stands disposed of.

5. Learned counsel for the petitioner is directed to incorporate the prayer by 'Red Ink' in this Criminal Revision Application.

6. Issue notice upon the victim lady who has been arrayed as 'X' as O.P No. 2 in this case.

7. Learned counsel for the State is directed to get served the notice of this Criminal Revision Application upon the victim lady 'X' through Superintendent of Police, Dumka in light of the judgment rendered in the case of Nipun Saxena and Anr. Versus Union of India reported in (2019) 2 SCC 703 and shall file an affidavit in this regard about service of notice upon victim lady 'X'.

8. Call for the legible scanned copies of the Lower Court Records along with neatly typed copy of the case diary.

9. Call for also the stage of trial from the learned Court below.

10. Put up this case on 27th February 2025.

11. Let a copy of this order be sent to the office of Superintendent of Police, Dumka by FAX and be also handed over to the learned A.P.P for the needful.

(Sanjay Prasad, J.) Avinash/