The High Court of Jharkhand dismissed a criminal miscellaneous petition as infructuous because both petitioners are in custody, rendering the petition for modification of a prior order unnecessary.
The criminal miscellaneous petition was dismissed as it became infructuous since the petitioners are in custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction) Cr.M.P. No. 2055 of 2022
--------- For the Petitioners : Mr. Rakesh Kumar, Advocate. For the State : Mr. Sunil Kumar Dubey, A.P.P. ---------
The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that the audio and video qualities are good.
04/Dated: 25/11/2022
Pursuant to order dated 18.11.2022, the Senior Superintendent of Police, Dhanbad has filed his show cause on 24.11.2022, wherein he has stated that the petitioner no. 1 Arun Kumar Singh @ Bittu Singh has been arrested on 27.07.2022 in another case i.e. R.P.F. Post Mahuda P.S. Case No. 03/2022 registered on 27.07.2022 and the said Arun Kumar Singh @ Bittu Singh has accordingly been remanded in the present Mahuda P.S. Case No. 10/2022 registered under Section 379, 411, 413, 414/34 of the I.P.C.
He has further submitted in his show cause that petitioner no. 2, Pradip Khawas has already surrendered before the learned court of Ms. Anushka Jain, Judicial Magistrate, Dhanbad on 19.11.2022.
Considering the same, the show cause filed by the Senior Superintendent of Police, Dhanbad is hereby accepted.
It appears that both the petitioners are in custody, as such, the present criminal miscellaneous petition, which was filed for modification of order dated 23.05.2022 passed in A.B.A. No. 3862/2022, has become infructuous.
Accordingly, the present criminal miscellaneous petition is dismissed as infructuous.
(Kailash Prasad Deo, J.)
Sunil/
Arun Kumar Singh @ Bittu Singh
Pradip Khawas
The State of Jharkhand
KAILASH PRASAD DEO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
