Prabhat Kumar Gupta vs The State Of Jharkhand on 11 October, 2019

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Jharkhand High Court

Prabhat Kumar Gupta vs The State Of Jharkhand on 11 October, 2019

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr.M.P. No. 1750 of 2019
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        Prabhat Kumar Gupta                       ...               Petitioner
                                             Versus
        1. The State of Jharkhand
        2. Anjana Gupta                                ...       Opposite Parties
                                              ------

CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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        For the Petitioner          : Mr. P.K. Mukhopadhyay, Advocate
        For the State               : Mr. Ashok Kumar, Addl. P.P.
                                     ------
        Order No.05 Dated- 11.10.2019

This criminal miscellaneous petition has been filed under section 482 Cr.P.C by the petitioner with a prayer for modification of the order dated 04.02.2019, passed in A.B.A. No. 6171 of 2018.

Perusal of the record reveals that on 02.08.2019 i.e. the last date of listing of this case, the learned counsel for the petitioner undertook to file a supplementary affidavit annexing therewith the order sheet of the trial court to the effect that though the petitioner surrendered within the stipulated time but the trial court did not accept his surrender and told him to obtain order of extension from this Court. It further transpires that the learned counsel for the petitioner has filed a copy of the order dated 03.06.2019, passed by the learned Judicial Magistrate, Dhanbad in C.P. Case No. 726 of 2017. Perusal of the same reveals that the petitioner filed the petition for surrender before the learned Judicial Magistrate, Dhanbad but when the case was called out by the learned Magistrate, no one turned up before the learned Magistrate, hence the bail application of the petitioner was rejected.

Perusal of the record reveals that vide order dated 10.05.2019, passed in Cr.M.P. No. 988 of 2019, the prayer for extension of time was granted to the petitioner for four weeks from 10.05.2019 but the petitioner though filed a petition for surrender without any justifiable reason he did not turn up before the court concerned when the case was called out to accept his surrender hence rightly his petition to accept his surrender was rejected and suppressing the material facts made false submission through his advocate Mr. P.K. Mukhopadhyay that though the petitioner surrendered within the stipulated time but the trial court did not accept his surrender and told him to obtain order of extension from this Court and even went to the extent of undertaking that he will file a copy of the order sheet to the effect that though the petitioner surrendered within the stipulated time but the trial court did not accept his surrender and told him to obtain order of extension from this Court but he failed to produce any copy of such order sheet as undertaken by him. Keeping in view the said facts and circumstances of the case as also the said conduct of the petitioner, this Court is of the considered view that this is not a fit case where prayer for extension of time for the petitioner to surrender before the court below in terms of the order dated 04.02.2019, passed in A.B.A. No. 6171 of 2018 be allowed.

Accordingly, this criminal miscellaneous petition being without any merit is dismissed.

Sonu-                                (Anil Kumar Choudhary, J.)

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Jharkhand High Court