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Jharkhand High Court

M S Apical Exim Private Limited ... vs State Of Jharkhand on 15 April, 2013

Author: R. R. Prasad

Bench: R. R. Prasad

              IN THE HIGH COURT OF JHARKHAND, RANCHI
                                 Cr. M. P. No. 243 of 2013

              M/s Apical Exim Private Limited, Asansole, Burdwan ..... Petitioner(s)

                                             Versus
              The State of Jharkhand                                ....        Opp. Party(s)

              CORAM:            HON'BLE MR. JUSTICE R. R. PRASAD

              For the Petitioner(s)           :     M/s A. K. Kasyap, Sr. Advocate
                                              Lina Shakti, Anurag Kasyap, Advocates.
              For the State                   :     Mr. Prem Prakash
                                            -----

04 /15.04.2013

. Learned counsel appearing for the petitioner submits that when a First Information Report was lodged against the petitioner as Muffasil P.S. Case No.39 of 2010 which was registered under Sections 120B, 420, 468, 469 of the Indian Penal Code and under Section 4 /21 of the M.M. [D. R.] Act. It was challenged before this Court in Cr. M. P. No.1301 of 2010.

This Court having heard the matter along with other connected matter was pleased to stay the further proceeding of the case vide order dated 4.11.2010, still the court below has passed an order for issuance of warrant of arrest as well as processes under Sections 82 and 83 of the Cr.P.C. which ex-facie appears to be bad.

However, learned counsel appearing for the State seeks three weeks time to seek instruction and to file counter-affidavit.

List this case after three weeks.

Until further order, neither warrant of arrest nor processes under Sections 82 and 82 Cr.P.C. shall be executed.

Let a copy of this order be handed-over to the learned counsel appearing for the State for needful.

Let the order be communicated through "FAX" at the cost of the petitioner.

(R. R. Prasad, J.) Sandeep/