High Court permitted withdrawal of a petition seeking quashing of an order not taking cognizance under SC/ST Act, allowing petitioner to raise grounds at the appropriate stage.
Petition permitted to be withdrawn with liberty to take all grounds at the appropriate stage.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2261 of 2022
Sumitra Devi
…… Petitioner
Versus
--------CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners : Mr. Shailendra Jit, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl.P.P.
04/Dated: 01/12/2022
This petition has been filed for quashing of part of order dated 16.02.2022 in connection with Protest-cum-Complaint (SC/ST Case No. 11 of 2019 arising out of SC/ST P.S. Case No. 02 of 2018, pending in the Court of learned C.J.M., Ramgarh
Learned counsel for the petitioner submits that on the protest petition learned court has taken cognizance under the I.P.C. however learned court has not taken cognizance under the SC/ST Act though allegation is there.
Learned counsel for the State submits that if the petitioner makes out her case this section can be added at any stage under section 216 of the Cr.P.C.
In view of the above facts and considering that the learned court has taken cognizance, the petitioner will make out case before the learned court. There is provision of adding any section. There is no illegally in the impugned order. At this stage, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to take all the grounds at the appropriate stage.
Accordingly, this petition is permitted to be withdrawn and disposed of
with the aforesaid liberty.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/
2 issues framed by the court
Whether the order allowing withdrawal of the petition with liberty to take grounds at the appropriate stage should be permitted.
Whether section 216 of Cr.P.C. allows adding any section at any stage.
1 provisions across 1 enactments
Sumitra Devi
The State of Jharkhand
Dalbir Kaur
Lovely Kaur
Dr. Anil Singh
Kalawati Devi
Sanjay Kumar Dwivedi
As recorded by the court registry
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