Krishna Nand Tripathi vs Alok Chaurasiya on 13 March, 2018

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Jharkhand High Court

Krishna Nand Tripathi vs Alok Chaurasiya on 13 March, 2018

Bench: Anant Bijay Singh

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  E.P. No. 11 of 2015

Krishna Nand Tripathi             .....   Petitioner
                        Versus
Alok Chaurasiya                    ..... Respondent
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Mahesh Tewari, Advocate. For the Respondent : Mr. V.P. Singh, Sr. Advocate.

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62/Dated: 13/03/2018 From perusal of order dated 26.02.2018, it reveals that an I.A. without number was filed in the Election Petition No. 11 of 2015 under order XVI Rule 6 read with Section 151 of the C.P.C. on behalf of sole respondent and this Court directed office to get the I.A. numbered and tagged it with the record.

Office has complied the order and I.A. is numbered as I.A. No. 1966/2018.

Prayer sought for in para-1 and prayer portion of the I.A. was allowed for calling attendance register through Special Messenger, cost was to be deposited by the respondents.

Office note dated 12.03.2018 reveals that Special Messenger was sent to the Adivasi Awasiya Uchcha Vidyalay, Guriyadamar, Lesliganj, Palamau to bring the Attendance Register of Class-VIII of session 2007-08 of the school. The Principal In-charge of the school could not hand over the said register as it was not available to him, but he sent a letter bearing no. 07 dated 08.03.2018 through the Special Messenger accompanied by the process server of the Civil Courts, Palamau, which is kept at Flag-'53' of the record.

Office note also reveals that on 12.03.2018, an unsealed Attendance Register (though covered in brown paper) alongwith a letter of the Principal In-charge bearing no. 08 dated 12.03.2018 was deposited with the Registry by the Principal In-charge himself, which is kept on the record and the letter reveals that the Attendance Register could not be handed over to the Special Messenger as it was in the custody of the Secretary of the School.

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The attendance register is opened in presence of parties and both the letters were placed before the learned counsels for the parties and let it be kept on record.

In the examination-in-chief of respondent no. 1 recorded on 26.02.2018 after paragraph no. 15, it was wrongly typed as "I.A. No. ____/2018 filed in Court today itself which has been accepted by this Court and after hearing the parties, directions were given, and Office was also directed to get the I.A. instituted and give the number".

Let this paragraph be expunged from the deposition of Respondent Witness No. 9, Alok Kumar Chourasiya @ Alok Chaurasia, to which both the parties have no objection.

Further, examination-in-chief of Respondent Witness No. 9, Alok Kumar Chourasiya @ Alok Chaurasia (Respondent) is resumed and he has also proved Exhibit-K today.

Respondent Witness no. 9, Alok Kumar Chourasiya @ Alok Chaurasia (Respondent) is discharged.

List this case on 15.03.2018.

(Anant Bijay Singh, J.) Sunil/

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