Paresh P. Jathar @ Paresh Jathar vs The State Of Jharkhand on 11 March, 2022

[Cites 2, Cited by 0]

Jharkhand High Court

Paresh P. Jathar @ Paresh Jathar vs The State Of Jharkhand on 11 March, 2022

Bench: Sanjay Kumar Dwivedi

                                        1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr.M.P. No. 499 of 2022

1. Paresh P. Jathar @ Paresh Jathar
2. Rajesh P.V. @ V.P. Rajesh                       ...... Petitioners
                         Versus

1.The State of Jharkhand
2. Deepak Agrawal
                                             ...... Opposite Parties
                            ---------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---------

For the Petitioner : Mr. Sanjai Kumar Pathak, Advocate For the State : Mr. Sachin Kumar, A.A.G.-II Mr. Prabhu Dayal Agrawal, Spl. P.P. For the O.P. No. 2 : Mr. Ajit Kumar, Sr. Advocate Mr. Rupesh Singh, Advocate Mr. Jagdeesh, Advocate 03/Dated: 11/03/2022 This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

Mr. Sanjai Kumar Pathak, learned counsel for the petitioners submits that petitioners are working for gain with Fracht India Pvt. Limited (FIPL) having registered office at Mumbai. He further submits that Fracht India Pvt. Limited (FIPL) is a logistic company engaged in the transportation and Export- Import logistics activity in India and abroad. He further submits that this company is not in F.I.R. inspite of that notice under section 41-A Cr.P.C. has been issued by the police. He further submits that the F.I.R. has been lodged against owner and employees of Winc Design Limited company.

Mr. Ajit Kumar, learned senior appeared suo motu on behalf of O.P. No. 2 and controverted the contention of the learned counsel for the petitioners.

Mr. Sachin Kumar, learned counsel for the State submits that the F.I.R. is not an encyclopedia. He refers judgment in the case of "Kirender 2 Sarkar & Ors. Vs. State of Assam" reported in (2009) 12 SCC 342.

State and O.P. No. 2 are directed to file counter-affidavit within three weeks.

Till the next date, the petitioners shall not be arrested in connection with Ormanjhi P.S. Case No. 190 of 2021, pending in the Court of learned Chief Judicial Magistrate, Ranchi.

The petitioners shall cooperate in the investigation. Let this matter appear on 21.04.2022 along with Cr.M.P. No.454 of 2022.

(Sanjay Kumar Dwivedi, J.) Satyarthi/

Unlock Advanced Research with PRISMAI

Jharkhand High Court