Cr.M.P. allowing extension of time for surrender to the lower court due to Covid-19 lockdown. Petitioner granted six weeks to surrender from the date of the order, considering joint residence with O.P. No. 2.
Extends time for petitioner to surrender before the court below to six weeks from the date of this order.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1038 of 2021
Md. Ejaj @ Md. Ijaj Taj … Petitioner
Versus The State of Jharkhand & Anr. … Opposite Parties
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Arun Kumar, Advocate For the State : Mr. Bishambhar Shastri, Addl. P.P. For O.P. No.2 : Mr. Shankar Singh, Advocate ------
Order No.03 Dated- 03.09.2021
Heard the parties through video conferencing.
This criminal miscellaneous petition has been filed under section 482 Cr.P.C by the petitioner with a prayer for modification of the order dated 08.04.2021, passed in A.B.A. No. 1597 of 2021.
It is submitted by the learned counsel for the petitioner that the petitioner was directed to surrender before the court below but because of lockdown due to Covid-19 Pandemic, he could not surrender within the stipulated time. Hence, it is submitted that time to surrender before the court below in terms of the order dated 08.04.2021, passed in A.B.A. No. 1597 of 2021 be extended for six weeks from the date of this order.
The learned counsel for the petitioner and the learned counsel for the opposite party no.2 jointly submits that both the petitioner and the opposite party no.2 are residing together.
Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for extension of time for the petitioner to surrender in the court below in terms of the order dated 08.04.2021, passed in A.B.A. No. 1597 of 2021 is allowed. Hence, the petitioner is directed to surrender before the court below “within six weeks from the date of this order in terms of the order dated 08.04.2021, passed in A.B.A. No. 1597 of 2021”.
The order dated 08.04.2021, passed in A.B.A. No. 1597 of 2021 is modified to the aforesaid extent only.
Both the petitioner and the opposite party no.2 are directed to
appear before the court below on 23.09.2021.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
2 issues framed by the court
Whether an extension of time for surrender be granted due to the Covid-19 pandemic lockdown.
Whether the order directing surrender be modified to allow six weeks for compliance.
1 provisions across 1 enactments
Md. Ejaj @ Md. Ijaj Taj
The State of Jharkhand
Anr.
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
