Citation : 2026 Latest Caselaw 2822 Jhar
Judgement Date : 8 April, 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 242 of 2025
Dheeraj Rai & Others. ... ... ...Petitioners
Versus
The State of Jharkhand & Another. ... ... ...Opp. Parties
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For the Petitioner : Ms. Aprajita Mishra, Advocate For the State : Mr. Dilip Kr. Jaiswal, Addl. P.P.
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HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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Order No:- 06, Dated:- 08th April, 2026 I.A. No. 2939 of 2026 Heard the parties.
Learned counsel for the petitioners submits that this interlocutory application has been filed with the prayer to amend the instant Criminal Miscellaneous Petition by incorporating the additional prayer to quash the order taking cognizance dated 02.03.2022 passed by the learned C.J.M., Koderma, in connection with G.R. Case No. 526 of 2018 arising out of Telaiya P.S. Case No. 129 of 2018 whereby and where under the learned C.J.M., Koderma has taken cognizance of the offences punishable under Sections 498(A), 323, 504, 506, 34 of the Indian Penal Code along with Section 3, 4 of the Dowry Prohibition Act. It is next submitted by the learned counsel for the petitioners, drawing attention of the Court to the supplementary affidavit dated 18.03.2026, that due to inadvertence and oversight, the order taking cognizance could not be challenged while filing this Cr.M.P. It is then submitted that the proposed amendment will not change the nature and character of this Cr.M.P. It is further submitted that unless the amendment as proposed in this interlocutory application is allowed, the petitioners will be highly prejudiced. Hence, it is submitted that the prayer as prayed for in this interlocutory application be allowed.
Considering the aforesaid facts, the prayer to carry out the amendment as proposed in this interlocutory application is allowed.
The petitioners are directed to file a consolidated Criminal Miscellaneous Petition by incorporating the amendment as proposed in this interlocutory application allowed today, within two weeks from the date of this order; failing which, this Criminal Miscellaneous Petition shall stand dismissed without further reference to the Bench.
This interlocutory application is disposed of accordingly.
(Anil Kumar Choudhary, J.)
List this case after filing of the consolidated Criminal Miscellaneous Petition.
(Anil Kumar Choudhary, J.) Aditi
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