Vinay Kumar Choubey vs The State Of Jharkhand Through ...
2025 Latest Caselaw 1135 Jhar

Jharkhand High Court

Vinay Kumar Choubey vs The State Of Jharkhand Through ... on 25 July, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 1280 of 2025
       Vinay Kumar Choubey, aged about 50 years, son
       of Devendra Choubey, resident of 4-Kanke Road,
       P.O. and P.S.-Gonda, Ranchi, Jharkhand.
                                                       .....   ...    Petitioner
                                    Versus
       The State of Jharkhand through Vigilance
                                                      .....    ...    Opposite Party
                               --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Ajit Kumar Singh, Advocate.

                               :        Mr. Devesh Ajmani, Advocate
                               :        Ms Anukriti Tiwary, Advocate.
      For the State            :        Ms. Rishi Bharti, A.C. to A.A.G.-III.
      For the Vigilance (ACB) :         Mr. Abhishek Krishna Gupta, Advocate
                               ------
03/ 25.07.2025     I.A. No. 9032 of 2025 has been filed by the ACB for the

withdrawal of the counter affidavit filed on behalf of the ACB.

2. Mr. Abhishek Krishna Gupta, learned counsel appearing for

the ACB submits that the counter affidavit has already been filed on

behalf of the ACB, however in the said counter affidavit, certain other

materials have not been brought on record and in view of that he seeks

permission to withdraw the said counter affidavit and seeks liberty of

this court to file a fresh counter affidavit. He seeks two weeks' time to

file the fresh counter affidavit.

3. The aforesaid prayer has been opposed by Mr. Ajit Kumar

Singh, learned counsel appearing for the petitioner on the ground that

the liberty of the petitioner is at a stake in light of the several judgments

of the Hon'ble Supreme Court and for an indefinite period this matter

cannot be adjourned. He submits in that view of the matter, appropriate

order may kindly be passed.

4. It appears that the ACB has already filed a counter affidavit

and the ground has been taken in the aforesaid I.A. for withdrawal of

the said counter affidavit that more facts are required to be brought on

record. If such a situation is there, the ACB is required to file a

supplementary counter affidavit taking other grounds, however, not

adopting the said course, I.A. has been filed, which prima facie

suggests that only to delay the matter, the aforesaid I.A. has been filed

to withdraw the earlier counter affidavit with the liberty to file the fresh

counter affidavit.

5. In that view of the matter, I.A. No. 9032 of 2025, meant for

withdrawal of the counter affidavit filed on behalf of the ACB, is

hereby, rejected.

6. However, this court provides liberty to the ACB to file the

supplementary counter affidavit bringing all the additional materials

what the ACB wants to bring on record and that affidavit will be filed

by 30.07.2025 and a copy of that shall be served upon the learned

counsel appearing for the petitioner in advance.

7. Let this matter be placed further on 01.08.2025.

(Sanjay Kumar Dwivedi, J.) Amitesh/-