Petitioner sought amendment to main application due to order under Section 83 Cr.P.C. Permission to withdraw the memorable petition was granted, resulting in dismissal.
Amendment to main application allowed; withdrawal of special application permitted and same dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 601 of 2018
----------Asfaque Alam …..Petitioner Versus The State of Jharkhand. .....Opposite Party ----- Coram: HON’BLE MR JUSTICE RONGON MUKHOPADHYAY ----- For the Petitioner : Miss. Nazia Rashid, Advocate For the State : A.P.P. -----
I.A. No. 6557 of 2018
04/9.8.2018 Heard the parties.
In this application, the petitioner has prayed for amending the prayer portion in the main application in view of subsequent development, by which process under section 83 Cr.P.C. has been ordered to be issued.
The petitioner in the main application has challenged the initiation of criminal proceedings. Since the order which the petitioner wants to incorporate by way of amendment has a direct nexus with the prayer made in the original application and in order to avoid multiplicity of proceeding, this application is allowed.
Let I.A. No. 6557 of 2018 be treated as a part of the main application.
Cr.M.P. No. 601 of 2018
Learned counsel for the petitioner at the outset seeks permission to withdraw this application.
Permission, as sought for, is granted.
This application is accordingly dismissed as withdrawn.
(Rongon Mukhopadhyay,J)
Rakesh/
2 issues framed by the court
Whether to allow amendment of prayer to incorporate order under Section 83 Cr.P.C.
Whether to grant permission to withdraw the memorable petition
1 provisions across 1 enactments
Asfaque Alam
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
