Birbal Munda & Ors vs The State Of Jharkhand ... Opposite ... on 25 September, 2020

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Jharkhand High Court

Birbal Munda & Ors vs The State Of Jharkhand ... Opposite ... on 25 September, 2020

Bench: Anil Kumar Choudhary

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr.M.P. No. 1327 of 2020


                  Birbal Munda & Ors.                       ...         Petitioners
                                             Versus
                  The State of Jharkhand                    ...       Opposite Party


          Coram:      HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY



          For the Petitioners              : Mr. Abhishek Kr. Dubey, Adv.
          For the State                    : Ms. Anuradha Sahay, Addl. P.P.




02 / 25.09.2020

Heard the parties through Video Conferencing.

Mr. Abhishek Kr. Dubey, learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner, the defects pointed out by the Stamp Reporter are ignored for the present.

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 20.03.2020 passed in Cr.M.P. No. 30 of 2020.

It is submitted by the learned counsel for the petitioners that vide order dated 20.03.2020 passed in Cr.M.P. No. 30 of 2020, the time for the petitioners to surrender before the court below vide order dated 11.11.2019 in ABA no. 5042 of 2019, was extended for four weeks but due to sudden COVID-19 outbreak, the petitioners could not surrender but they are now ready to surrender in the court below in terms of the order dated 11.11.2019 in ABA no. 5042 of 2019 and therefore, it is submitted that time to surrender before the court below in terms of the order dated 11.11.2019 in ABA no. 5042 of 2019 be extended for six weeks from the date of this order.

Considering the facts of the case and the submission of the learned counsel for the petitioner, the prayer for extension of time for the petitioner to surrender in the court below in terms of the order dated vide order dated 11.11.2019 in ABA no. 5042 of 2019 is allowed. Hence, the petitioner is directed to surrender before the court below "within six weeks from the date of this order in terms of the order dated 11.11.2019 in ABA no. 5042 of 2019"

The order dated 11.11.2019 in ABA no. 5042 of 2019 which was extended vide order dated 20.03.2020 passed in Cr.M.P. No. 30 of 2020 is modified to the aforesaid extent only.

This criminal miscellaneous petition is disposed of accordingly.

(ANIL KUMAR CHOUDHARY, J.) Smita/-

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