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Jharkhand High Court

Sheela Kumari And Others vs The State Of Jharkhand Through ... on 17 February, 2020

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                              Cr. M. P. No. 4155 of 2019
                                         With
                                 I.A. No. 501 of 2020

                     Sheela Kumari and Others             ...    ...     Petitioners
                                         Versus
                     The State of Jharkhand through Vigilance Bureau
                                                    ...       ...        Opp. Party
                                         ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. Pandey Neeraj Rai, Advocate : Mr. Rohit Sinha, Advocate For the Opp. Party : Mr. T. N. Verma, Advocate

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04/17.02.2020 I.A. No. 501 of 2020

1. Heard learned counsel for the parties.

2. Learned counsel for the petitioners submits that the main petition has been filed for quashing/setting-aside of the order dated 05.09.2019 passed by the learned Special Judge, CBI, Ranchi for issuance of non-bailable warrant of arrest against the petitioners which was issued without necessary satisfaction as per Section 73 of the Code of Criminal Procedure. The learned counsel further submits that the learned court below has also passed an order dated 25.11.2019, whereby process under Section 82 of Cr.P.C. has been issued again against the petitioners without necessary satisfaction. The learned counsel submits that the subsequent order dated 25.11.2019 has been challenged in the present interlocutory application being I.A. No. 501/2020.

3. Considering the facts and circumstances of this case, this Court finds that order dated 25.11.2019 has been passed by the learned court below under Section 82 of the Cr.P.C. is a subsequent development and accordingly I.A. No. 501/2020 is allowed and is directed to be treated as a part of the main case.

4. The learned counsel for the petitioners has relied upon certain judgments passed by this Court which are reported in 2013 3 JBCJ 128 (Niranjan Roy vs. The State of Jharkhand through Secretary Cabinet (Vigilance); 2016 3 EastCrC 210 (Sunil Kumar Singh vs. The State of Jharkhand) and 2019 2 JLJR 439 (Ashok Singh vs. The State of Jharkhand).

5. The learned counsel for the opposite party submits that he needs to examine these aforesaid judgments.

6. Post this case tomorrow i.e. on 18.02.2020.

(Anubha Rawat Choudhary, J.) Mukul