The High Court allowed the petitioners' prayer for extending the six-week time limit to surrender in proceedings under A.B.A. No. 1975 of 2019, modifying the prior order dated 24.02.2020.
The petitioners are directed to surrender before the court below within six weeks from the date of this order, forfeiting the previous six-week period.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1118 of 2021
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Shekhar Prasad Sinha, Advocate For the State : Mr. A.P. Topno, Addl. P.P. ------
Order No.04 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 petitioners with a prayer for modification of the order dated 24.02.2020, passed in A.B.A. No. 1975 of 2019.
It is submitted by the learned counsel for the petitioners that the petitioners were directed to surrender before the court below within six weeks but as the petitioner no.2 could not execute the sale deed in favour of the informant, they could not surrender within the stipulated time. It is next submitted that the petitioner no.2 has already executed a sale deed in favour of the informant, a copy of which is annexed as Annexure-2 of the supplementary affidavit. Hence, it is submitted that time to surrender before the court below in terms of the order dated 24.02.2020, passed in A.B.A. No. 1975 of 2019 be extended for six weeks from the date of this order.
Considering the aforesaid submission of the learned counsel for the petitioners, the prayer for extension of time for the petitioners to surrender in the court below in terms of the order dated 24.02.2020, passed in A.B.A. No. 1975 of 2019 is allowed. Hence, the petitioners are directed to surrender before the court below “within six weeks from the date of this order in terms of the order dated 24.02.2020, passed in A.B.A. No. 1975 of 2019”.
The order dated 24.02.2020, passed in A.B.A. No. 1975 of 2019 is modified to the aforesaid extent only.
This criminal miscellaneous petition is disposed of
accordingly.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
1 issue framed by the court
Whether the petitioners are entitled to an extension of time to surrender before the court below given failure to execute sale deed within stipulated time.
1 provisions across 1 enactments
Tukan Yadav
Indiya Devi
Dinesh Yadav
State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
