IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 716 of 2024
1. Gulchan Das @ Gulchan Ram Das, S/o Late Huro
Das, aged about 76 years,
2. Chotu Das @ Jitendra Das @ Chhotu Das, Aged about
21 years, Son of Narayan Das,
3. Bajrangi Das, Son of Ranjit Das, Aged about 22 years,
All Resident of Village Maldabra, Manjhidih, P.O.
& P.S. Karon, District Deoghar.
..... Petitioners
…
Versus
The State of Jharkhand
..... Respondent
…
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Devesh Ajmani, Advocate.
For the State : Mr. Ranjan Kumar, A.C. to Sr. S.C.-I.
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02/ 30.09.2024 Heard learned counsel appearing for the petitioners and
learned counsel for the respondent-State.
2. Learned counsel appearing for the petitioners has confined
his prayer with regard to quashing of the order dated 23.02.2023, by
which, process under Section 82 Cr.P.C. has been directed to be issued
against the petitioner, in connection with Karon P.S. Case No. 11 of
2023, pending in the court of learned Additional Sessions Judge-III-
cum-Special Judge, POCSO, Deoghar.
3. Learned counsel appearing for the petitioners submits that
by order dated 01.07.2027, the learned court has been pleased to issue
NBW against the petitioners. He submits that the petitioners have
earlier moved before the learned Sessions Judge for grant of
anticipatory bail in A.B.P. No. 617 of 2024, which was rejected on
22.08.2024 and during the pendency of the said A.B.P., the process
under Section 82 Cr.P.C. has been directed to be issued. He further
submits that in view of issuance of process, the petitioners have not
moved before this court.
4. Learned counsel appearing for the State submits that there
is no illegality in the impugned orders and the order issuing process
under Section 82 Cr.P.C. is speaking one.
5. In view of the above, it appears that the petitioners have
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already moved before the learned court by way of filing A.B.P. No. 617
of 2024, which was pending in the same court, who has issued the
process under Section 82 Cr.P.C. during the pendency of the said ABP.
Further due to issuance of said process, the petitioners have not been
able to move before the Higher court and this is not the case, where the
petitioners have not taken any remedy under the Cr.P.C.
6. In view of the above, the order dated 23.02.2023, by which,
process under Section 82 Cr.P.C. has been directed to be issued against
the petitioner, in connection with Karon P.S. Case No. 11 of 2023,
pending in the court of learned Additional Sessions Judge-III-cum-
Special Judge, POCSO, Deoghar, is hereby, set aside. The matter is
remitted back to the learned court to proceed in accordance with law.
7. With the above observation, this writ petition is disposed of.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
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