Sawaliya Prasad @ Shivalaya Prasad @ S. ... vs The State Of Jharkhand .... .... .... ...
2026 Latest Caselaw 931 Jhar

Jharkhand High Court

Sawaliya Prasad @ Shivalaya Prasad @ S. ... vs The State Of Jharkhand .... .... .... ... on 10 February, 2026

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 1879 of 2025
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Sawaliya Prasad @ Shivalaya Prasad @ S. Prasad @ Sawalia Prasad .... .... .... Petitioner Versus The State of Jharkhand .... .... .... Opp. Party

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CORAM:HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Awnish Shankar, Advocate : Mr. Shamshad Khan, Advocate For the State : Mr. Rakesh Ranjan, Addl. P.P.

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Order No.03 Dated- 10.02.2026 I.A. No.2069 of 2026

Heard the parties.

Learned counsel for the petitioner submits that this interlocutory application has been filed with the prayer to amend the Cr.M.P. No. 1879 of 2025 by incorporating the additional prayer to quash the order dated 21.08.2025 passed by the learned Special Judge, Exclusive POCSO Act, in POSCO Case No. 74 of 2024 arising out of Parsudih P.S. Case No. 75 of 2023 whereby and where under, charge has been framed against the petitioner. It is next submitted that the proposed amendment was necessitated because of the developments which took place after filing of this criminal miscellaneous petition and the proposed amendment will not change the nature and character of this criminal miscellaneous petition. It is lastly submitted that unless the proposed amendment is allowed, the petitioners will be highly prejudiced.

Considering the aforesaid facts, the prayer for amendment made in this interlocutory application is allowed and the petitioners are directed to file a consolidated criminal miscellaneous petition incorporating the proposed amendment which is allowed by this order; within two weeks, 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.)

Heard the parties.

List this criminal miscellaneous petition after filing of the consolidated criminal miscellaneous petition.

(Anil Kumar Choudhary, J.) 10.02.2026 Sonu/Gunjan-