Dismissed

Rekha Yadav v. the State of Jharkhand

Jharkhand HC6 Sept 2023Cr.M.P./254/2023

Case brief

AI extract

What is this about?

The court dismissed two interlocutory applications and the main criminal miscellaneous petition. Defects in the petition regarding page lines were ignored. However, the court rejected the prayer to file on behalf of the husband and dismissed the petition for lack of locus standi.

What did the court decide?

Defect ignored; Prayer to file on behalf of husband rejected; Main petition dismissed for lack of locus standi.

Rekha Yadav Vs the State of Jharkhand — Constitutional and Fundamental Rights | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 254 of 2023

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Rekha Yadav … Petitioner Versus

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Parth Jalan, Advocate For the State : Mr. Manoj Kumar, G.A.-III : Mr. Vishwanath Roy, Spl. P.P.

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Order No.05 Dated- 06.09.2023 I.A. No.883 of 2023

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Heard the parties.

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Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to ignore the defect as pointed out by the stamp reporter.

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It is submitted by the learned counsel for the petitioner that the defect as pointed out by the stamp reporter as serial no. 9(iii) is regarding pages of the petition contained more than 24 lines. Hence, it is submitted that the same be ignored.

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Considering the aforesaid facts, the defect pointed out at serial no. 9 (iii) is ignored.

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This interlocutory application is disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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I.A. No.871 of 2023

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Heard the parties.

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Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to allow the petitioner to file the application on behalf of her husband namely Prakash Chandra Yadav @ Mungeri Yadav.

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It is next submitted by the learned counsel for the petitioner that the instant Cr.M.P. No. 254 of 2023 has been filed with a prayer to quash the FIR registered vide Borio (J) P.S. Case No.15 of 2023. The husband of the petitioner is languishing in jail pursuant to the order passed under Section 12 of Jharkhand Crimes Control Act. Hence, the petitioner sent the Vakalatnama to the jail to be signed by

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her husband however, the respondent encroaching upon the fundamental right of the husband of the petitioner guaranteed under Article 21 of the Constitution of India did not allow the petitioner’s husband to sign the Vakalatnama and the Vakalatnama was returned with a note that as the husband of the petitioner is not in custody with respect to the said case, the permission to execute the Vakalatnama cannot be granted. Hence, the petitioner has no option but to file criminal miscellaneous application on behalf of her husband but it is fairly submitted that by now the husband of the petitioner is no more in custody and is a free man.

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In view of the fact that the husband of the petitioner is a free man now and not in custody, this Court is not inclined to allow the wife to file the petition on behalf of her husband namely Prakash Chandra Yadav @ Mungeri Yadav.

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Accordingly, the prayer to allow the petitioner to file application on behalf of her husband- Prakash Chandra Yadav @ Mungeri Yadav is rejected.

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(Anil Kumar Choudhary, J . )

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Cr.M.P. No. 254 of 2023

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In view of the order passed by this Court in I.A. No. 871 of 2023 as the petitioner has no locus standi to file this criminal miscellaneous petition.

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Accordingly, this criminal miscellaneous petition is dismissed being not maintainable.

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Sonu/Gunjan-

Rekha Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rekha Yadav 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

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