Nasim Sai v. the State of Jharkhand
Case brief
What is this about?
In this writ petition, the High Court set aside an order dated 31.08.2023 which issued process against the petitioner under Section 82 Cr.P.C. The Court found that the petitioner had actively taken steps under the Cr.P.C., including filing bail applications, and remanded the matter for fresh consideration.
What did the court decide?
Impugned order dated 31.08.2023 setting aside and matter remitted to concerned court to proceed afresh.
What the court decided
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 836 of 2023
Nasim Sai …… Petitioner Versus
The State of Jharkhand …… Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Ajay Kr. Sah, Advocate Mr. Amitabh Prasad, Advocate For the State : Mr. Prashant Kr. Rai, A.C. to L& C-1
2/Dated: 16/10/2023
The present petition has been filed for quashing the order dated 31.08.2023 in connection with Panki P.S. Case No. 139 of 2020 whereby process under section 82 of Cr.P.C. has been issued against the petitioner by the learned Chief Judicial Magistrate, Palamau at Daltonganj.
- Learned counsel for the petitioner submits that the petitioner filed the F.I.R. and lateron he has been implicated in the case. He submits that the petitioner filed anticipatory bail petition which was dismissed thereafter the petitioner filed A.B.A 5627 of 2023 and during the pendency of this A.B.A., impugned order dated 31.08.2023 has been passed and in view of that the petitioner was compelled to withdraw the said A.B.A. vide order dated 03.10.2023. He submits that the petitioner was taking steps under the Cr.P.C.
Issues for consideration
2 issues framed by the court
Whether the order dated 31.08.2023 issuing process under Section 82 Cr.P.C. should be set aside given that the petitioner was taking steps under the Cr.P.C.
Whether the petitioner's withdrawal of anticipatory bail precludes the issuance of process under Section 82 Cr.P.C.
Parties & counsel
- petitioner
Nasim Sai
- respondent
The State of Jharkhand
Coram
Sanjay Kumar Dwivedi
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · October
- Registered
- Case no.
- W.P.(Cr.)/836/2023
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