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Jharkhand High Court
Abullaha Khan @ Abdula Khan & Another vs The State Of Jharkhand & Another ... ... on 20 March, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3097 of 2025
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Abullaha Khan @ Abdula Khan & Another
... Petitioners
Versus
The State of Jharkhand & Another ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Pankaj Verma, Advocate
For the State : Mr. B.N. Ojha, Spl.P.P.
For the OP 2 : Mr. Nawal Kishore Pandey, Advocate
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Order No:-03 Dated:-20-03-2026
I.A. No.2848 of 2026
Heard the parties.
This interlocutory application has been filed with the prayer to
grant leave to the daughter of the opposite party no.2 to pursue this
criminal miscellaneous petition. It is next submitted that the opposite
party no.2 had died on 20.11.2025, hence, it is submitted that the prayer
as prayed for in this interlocutory application be allowed.
Learned counsel for the petitioners submit that the opposite party
no.2 has died on 20.11.2025, but the petitioners have not taken any steps
to delete the name of the opposite party no.2. It is next submitted that
since this is not a civil dispute, hence, the daughter of the opposite party
no.2 ought not be added in this case. Therefore, this interlocutory
application being without any merit, be dismissed.
Having heard the submissions made at the bar and after carefully
going through the materials available in the record, it is pertinent to
mention here that this Cr.M.P. has been filed with the prayer to quash the
entire criminal proceeding in connection with Complaint Case No.8700 of
2023 including the order dated 29.05.2024 passed by the learned Judicial
Magistrate-1st Class, Dhanbad by which the learned Judicial Magistrate-
1st Class, Dhanbad has found prima facie case for the offence punishable
under Section 406 of the Indian Penal Code.
The allegation against the petitioners is that the petitioners were
entrusted with Rs.35,13,000/- and have misappropriated the same.
Considering the facts of the case and the settled principle of law
that all the aggrieved parties must be given an opportunity of being
heard before any order by which may be adversely affected, this Court is
inclined to allow the prayer of the daughter of the opposite party no.2.
Since, it is the undisputed fact that the opposite party no.2 has died,
hence, the daughter of the deceased opposite party no.2 whose name,
parentage and address has been mentioned in page-2 of this interlocutory
application is impleaded as opposite party no.2 of this criminal
miscellaneous petition by deleting the name and description of the
present opposite party no.2 in the cause title of this Cr.M.P. with red ink.
Registry is directed to carry out the necessary correction.
This interlocutory application is disposed of accordingly.
(Anil Kumar Choudhary, J.)
Learned counsel for the opposite party no.2 prays for time.
Prayer for time is allowed as the last chance.
List this case after four weeks.
(Anil Kumar Choudhary, J.)
20/03/2026
Abhiraj/
