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Jharkhand High Court

Rameshwar Oraon @ Rameshwar Kujur vs The State Of Jharkhand ...... Opposite ... on 7 March, 2022

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                      1

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr.M.P. No. 3305 of 2021

     1.
     Rameshwar Oraon @ Rameshwar Kujur
     2.
     Deopal Oraon @ Deopal Kujur
     3.
     Rudain Orain @ Rudani Orain
     4.
     Basanti Devi @ Basanti Orain                        ...... Petitioners
                       Versus
                       ...............

The State of Jharkhand ...... Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Vikas Kumar, Advocate For the State : Mrs. Priya Shrestha, Spl. P.P. 4/Dated: 07/03/2022 Heard Mr. Vikas Kumar, learned counsel for the petitioners and Mrs. Priya Shrestha, learned counsel for the State.

2. The present petition has been filed for quashing of order dated 27.03.2009, 06.04.2010 and 01.04.2011 passed in connection with Kisko P.S. Case No. 13 of 2007, corresponding to G.R. Case No. 118 of 2007, whereby process of 82, 83 Cr.P.C. and permanent warrant of arrest respectively have been directed to be issued against the petitioners, pending in the Court of learned S.D.J.M., Lohardaga.

3. Learned counsel for the petitioners submits that petitioner no. 3 is mother-in-law of the informant who is aged about 70 years. He further submits that petitioner nos. 1 and 2 are brother-in-law and petitioner no. 4 is the wife of petitioner no.1. He submits that the case relates to matrimonial dispute lodged under section 498A I.P.C. and other allied sections. He submits that the order dated 27.03.2009 whereby process of 82 Cr.P.C. has been issued against the petitioners, is a cryptic order. There is no satisfaction of the trial court has been recorded in passing such order.

Learned counsel for the State submits that impugned orders have already taken effect and the husband is facing trial. 2

4. In view of the aforesaid facts and considering the fact that the petitioners are in-laws, in the interest of justice, it will be suffice if the petitioners be directed to appear in the concerned court on the date fixed by this Court

5. Accordingly, the petitioners are directed to appear in the court below on or before 22.03.2022. Any petition filed by the petitioners shall be considered and disposed of on the same day.

6. It is made clear that if the petitioners fail to appear before the court below on or before the date assigned by this Court, the concerned court shall take all the coercive steps against the petitioners.

7. With the aforesaid observation and direction, this criminal miscellaneous petition is allowed and disposed of. I.A., if any, stands disposed of.

(Sanjay Kumar Dwivedi, J.) Satyarthi/