Disposed

Raju Kumar Gupta v. the State of Jharkhand

Jharkhand HC21 Apr 2022Cr.M.P./288/2022

Case brief

AI extract

What is this about?

The High Court, in a criminal miscellaneous petition, declined to quash an order quashing bail and issuing proclamations under Sections 82 and 83 Cr.P.C. Instead, it directed the petitioner to appear before the concerned court by a specified date to avoid further coercive action.

What did the court decide?

Petitioner directed to appear by 09.05.2022 to quash the order of proclamation; failure to appear will result in coercive action.

Raju Kumar Gupta Vs the State of Jharkhand — Criminal Trial and Appeal | Jharkhand HC (2022)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

Cr.M.P. No. 288 of 2022

¶3

Raju Kumar Gupta @ Raju Gupta ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party

¶4

¶5

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶6

-----For the Petitioner : Mr. Abhay Kumar Chaturvedi, Advocate. For the State : Ms. Nehala Sharmin, A.P.P. ------

¶7

04/ 21.04.2022 Heard Mr. Abhay Kumar Chaturvedi, learned counsel appearing for the petitioner and Ms. Nehala Sharmin, learned A.P.P. for the State.

¶8

This criminal miscellaneous petition has been filed for quashing of the order dated 23.01.2012, whereby bail bond of the petitioner was cancelled and non-bailable warrant of arrest has been issued against the petitioner and also the order dated 27.04.2012, whereby, proclamations under Sections 82 and 83 Cr.P.C. have been directed to be issued against the petitioner, in connection with Manika P.S. Case No. 06 of 2005 [S.T. No. 79 of 2009], pending in the Court of learned 1^st Additional Sessions Judge, Latehar.

¶9

Learned counsel appearing for the petitioner submits that although the petition under Section 317 Cr.P.C. was filed, but the same was rejected and the bail bond of the petitioner was cancelled and nonbailable warrant of arrest was directed to be issued against the petitioner vide order dated 23.01.2012. He submits that further by order dated 27.04.2012, proclamations under Sections 82 and 83 Cr.P.C. have been directed to be issued against the petitioner. He further submits that the petitioner was earlier on bail.

¶10

Since the matter is of the year 2005 and the bail of the petitioner was cancelled in the year 2012 itself and also the non-bailable warrant of arrest and proclamations under Sections 82 and 83 Cr.P.C. had also been issued in the year 2012 itself, however, in the interest of justice, it would suffice that if the petitioner is directed to appear on a particular date before the concerned court.

¶11

Accordingly, the petitioner is directed to appear before the concerned court on or before 09.05.2022 and if he appears on that date, the order dated 27.04.2012 shall not be given effect. It is made clear that on failure of appearance by the petitioner, the Court below shall take all coercive action against the petitioner.

¶12

Any petition, filed by the petitioner, shall be considered and disposed of on the same day in accordance with law.

¶13

With the above direction, this criminal miscellaneous petition stands disposed of.

¶14

(Sanjay Kumar Dwivedi, J.)

¶15

Amitesh/-

Raju Kumar Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Raju Kumar Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nageshwar Sahu Alias Lepa and Ors. Vs the State of Jharkhand and Anr.

Arjun Ghosh Alias Shyama Pada Ghosh Vs the State of Jharkhand

Ranjan Ram and Anr. Vs the State of Jharkhand

MD Mansur Ansari Vs the State of Jharkhand

Brajesh Sinha Alias Brajesh Singh Vs the State of Jharkhand

Balchand Prasad Yadav Alias Balchand Yadav Vs the State of Jharkhand