Allowed

Chandrasekhar Azad v. the State of Jharkhand

Jharkhand HC12 Oct 2020Cr.M.P./1305/2020

Case brief

AI extract

What is this about?

This Single Judge Bench allowed two Criminal Miscellaneous Petitions prayed to quash an order dated 23.5.2015 taking cognizance under Sections 498A, 354C, 34 IPC and Sections 3, 4 of the Dowry Prevention Act. Relying on prior orders and the judgment Amresh Kumar Dhiraj, the Court set aside the impugned order and remitted the matter to the court below.

What did the court decide?

The order dated 23.5.2015 taking cognizance is set aside. The matter is remitted to the court below for a fresh order.

Chandrasekhar Azad Vs the State of Jharkhand — Quashing and FIR | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P No. 1305 of 2020

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Chandrasekhar Azad @ Chandra Sekhar Gupta …. …. Petitioner(s). Versus

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State of Jharkhand 2. Rekha Gupta …. …. Opposite Party(s) With Cr.M.P No. 1308 of 2020 Usha Kiran @ Usah Kiran Gupta …. …. Petitioner(s). Versus 1. State of Jharkhand 2. Rekha Gupta …. …. Opposite Party(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING

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FOR THE PETITIONER(S) : Mr. Md. Faruque Ansari, Advocate FOR THE STATE : Ms. Lily Sahay, APP

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------ 04/12.10.2020

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Heard learned counsel for the parties through video conferencing. The lawyer have no objection with regard to the proceeding, which has been held through video conference today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

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By filing these applications, petitioners have prayed to quash the order dated 23.5.2015 by which cognizance has been taken under Section 498(A)/354(C) /34 IPC. & 3/4 of the D.P Act.

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Counsel for the petitioners relies upon the order passed by this Court in Cr.M.P No. 1943 of 2015 and Cr.M.P No. 467 of 2020. He submits that in these cases the impugned order dated 23.5.2015 has already been set aside so far as other accused are concerned. He submits that these cases are fully covered by the aforesaid orders passed by this Court which has been passed after relying upon the judgment passed by this Court in the case of Amresh Kumar Dhiraj and Ors. Vs. State of Jharkhand & Anr reported in 2020 (1) JLJR 199.

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Learned APP admits that these cases are covered by the aforesaid judgments and the orders passed by this Court.

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Considering the aforesaid submission, I am setting aside the order dated 23.5.2015. The matter is remitted to the court below to pass a fresh order in accordance with the law.

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Accordingly these two applications stands allowed.

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(ANANDA SEN , J)

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anjali/ C.P 3

Chandrasekhar Azad v. the State of Jharkhand

Case brief

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Chandrasekhar Azad v. the State of Jharkhand

Case brief

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