Petition for quashing criminal proceedings filed under Article 226. Matter declared infructuous due to death of one opposite party and disposed with liberty to file fresh petition after substitution.
Petition disposed with liberty to file fresh petition if case survives after substitution.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 535 of 2015
Versus
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. H.K. Shikarwar, Advocate
Mrs. Juhi Kumari, Advocate For the State : Mr. S. K. Srivastava, A.P.P.
09/Dated: 01/11/2022
This petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 20.01.2015 in connection with Hariharganj P.S. Case No. 60 of 2014 corresponding to G.R. No. 1006 of 2014, pending in the Court of learned A.C.J.M., Palamau at Daltonganj.
It appears from the I.A. No. 3006 of 2022 filed for impleading legal heirs of O.P. No. 2-Late Krishna Yadav who has left for his heavenly abode during pendency of this petition.
Since, O.P. No. 2 has already died, this matter has become infructuous unless the legal heir is substituted in the trial court.
Accordingly, this petition is disposed of with liberty to the petitioner to file a fresh petition if the case is still surviving.
This petition is disposed of. Interim order is vacated.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/
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1 issue framed by the court
Whether the petition for quashing criminal proceedings is maintainable given the death of one of the opposite parties during its pendency.
Krishna Nand Pandey
Abhishek Kumar
Saurabh Singh
State of Jharkhand
Krishna Yadav
Sanjay Kumar Dwivedi
As recorded by the court registry
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