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Jharkhand High Court

Md. Mustafa @ Gulam Mustafa vs The State Of Jharkhand on 14 March, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

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   IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (D.B.) No. 1666 of 2017
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1.Md. Mustafa @ Gulam Mustafa

2.Md. Salim ... ... Appellants Versus The State of Jharkhand ... ... Respondent

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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

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For the Appellants : Mr. Ramakant Tiwari, Advocate For the Respondent : Mr. S.K. Srivastava, A.P.P

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                             th
Order No. 07 : Dated 14           March, 2024

1.     Mr.   Jai   Shankar        Tripathi,   learned   counsel   has

submitted that initially he was appearing for appellant nos. 1 and 2 but later appellant no. 2 has taken 'No Objection' from him.

I.A. No. 9924 of 2019 & I.A. No. 4543 of 2021

2. Mr. Rama Kant Tiwari, learned counsel for appellant no. 2 has appeared and submitted that since three Interlocutory Applications under Section 398 (1) Cr.PC has been filed on behalf of appellant no. 2, for the same relief, as such he does not want to press the older two Interlocutory Applications being I.A. No. 9924 of 2019 and I.A. No. 4543 of 2021.

3. Such submission has been made in presence of learned Additional Public Prosecutor.

4. In view thereof, the Interlocutory Applications being I.A. No. 9924 of 2019 and I.A. No. 4543 of 2021 stands dismissed as not pressed and accordingly disposed of. -2- I.A. No. 11337 of 2022

5. Mr. Ramakant Tiwari, learned counsel for the appellant no. 2 has submitted that in view of the fact that appeal of the year 2017 is running in the Daily Cause List under the heading for hearing, therefore, he does not want to press this Interlocutory Application filed on behalf of appellant no. 2 so that the matter may be decided finally on merit.

6. There is no objection on behalf of State.

7. Accordingly, the instant Interlocutory Application stands dismissed as not pressed and as such disposed of.

8. Office is directed to supply the paper book in faovur of learned counsel for the parties.

9. Let this matter be listed under the heading for hearing as per its seriatim.

(Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Alankar/