The Court dismissed the Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. seeking quashing of the FIR. The counsel for the petitioners sought to withdraw the petition, citing a prior liberty granted by this Court to raise grounds before the trial court.
Petition dismissed as withdrawn.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.4654 of 2022
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Versus
CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
------For the Petitioners : Mr. Birendra Kumar, Advocate For the O.P. - State : Mr. Vineet Kr. Vashistha, Spl. P.P. For the O.P. No.2 : Mr. Aman Shekhar, Advocate ------
Order No. 04 / Dated 24th July, 2023
The instant Criminal Miscellaneous Petition has been filed under Section 482 Cr.P.C. for quashing the F.I.R. including the order taking cognizance dated 01.03.2021 by which the cognizance has been taken under Section 467, 468, 406, 419 and 420/34 of the Indian Penal Code.
2. Mr. Aman Shekhar, learned counsel, has submitted that Vakalatnama has been filed on behalf of the informant who is Opposite Party No.2 to the instant petition.
3. Mr. Binit Kumar Vashistha, learned Special Public Prosecutor, appears on behalf of the State.
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4. Learned counsel appearing for the State and the Opposite Party No.2, have referred Annexure-3 which is an order passed by this Court dated 10.10.2022 in Cr.M.P. No.831 of 2021 wherein the aforesaid Cr.M.P. was withdrawn with a liberty to take all the grounds at appropriate stage before the learned court. Therefore, the objection has been made with respect to the maintainability of the instant Cr.M.P. on the ground that once the condition for withdrawal is to raise all the grounds at the appropriate stage before the learned court, the inherent power conferred to this Court under Section 482 Cr.P.C. would not have been invoked.
5. On this, learned counsel appearing for the petitioners seeks leave to withdraw this petition with a liberty as has been granted by this Court vide order dated 10.10.2022 in Cr.M.P. No.831 of 2021.
6. Accordingly, the instant Criminal Miscellaneous Petition is dismissed as withdrawn.
7. However, the liberty since has already been granted by this Court vide order dated 10.10.2022 in Cr.M.P. No.831 of 2021, therefore, the same is not being reiterated.
(Sujit Narayan Prasad, J.)
Birendra/
1 issue framed by the court
Whether the petition is maintainable given a previous order granting liberty to exhaust grounds at the trial court.
1 provisions across 1 enactments
Ravi Kant Mishra
Shashi Kant Mishra
The State of Jharkhand
Rishikesh Kumar
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
