The single judge dismissed an anticipatory bail application as not maintainable under the Lavesh case. The court distinguished a prior process issued under Section 82 Cr.P.C. as quashed but noted the application was filed after the process issuance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 7576 of 2017
Bishwajeet Mishra @ Vishwajit Mishra ….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Indrajit Sinha, Lukesh Kr., Advocate. For the State : A.P.P. For the O.P.No.2 : Mr. T.K.Mishra, Adv. ---------
05/Dated: 06/09/2018
Case diary was called for has been received.
From perusal of the case diary at para 88, which reveals that the process under Section 82 of the Cr.P.C has been issued against the petitioner on 23.12.2017.
Learned counsel for the petitioner has submitted that the process under Section 82 of the Cr.P.C. has been quashed, but has not mentioned in this anticipatory bail application.
The present anticipatory bail application has been filed on 20.12.2017 and interim relief was granted to the petitioner vide order dated 01.02.2018, although process under Section 82 of the Cr.P.C. was issued on 23.12.2017.
In view of the judgment of the Hon'ble Supreme Court in the case of Lavesh Vs. Sate (NCT of Delhi) reported in (2012) 8 SCC 730 , this anticipatory bail application is not maintainable.
Accordingly, this application is dismissed as not maintainable.
Further, a report from Secretary, DLSA, Dhanbad was called for regarding to formulate rehabilitation scheme for O.P.No.2.
The required report dated 09.08.2018, has been received which reveals that O.P.No.2/victim has started training in Tailoring for her livelihood. Accordingly, no further direction is required to be passed.
(Anant Bijay Singh, J.)
fahim/
1 provisions across 1 enactments
Bishwajeet Mishra @ Vishwajit Mishra
The State of Jharkhand
Anr.
Anant Bijay Singh
As recorded by the court registry
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