This order puts abeyance the Quashing Petition challenging the issuance of process under Section 82 Cr.P.C., pending the disposal of an anticipatory bail application filed by the petitioner before this Court regarding the same case.
Impugned order put in abeyance pending disposal of anticipatory bail application before this Court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 88 of 2023
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Sarvar Ansari .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Baban Prasad, Advocate For the State : Ms. Nehala Sharmin, A.P.P.
------ Order No.03 Dated :17.02.2023
Instant petition has been filed for quashing the order dated 25.11.2022 whereby the order of issuance of process under Section 82 of the Cr.P.C. against the petitioner in connection with Hariharganj P.S. Case No.14 of 2022 under Section 323, 341, 504, 498A of the I.P.C. and Sections 3 and 4 of D.P. Act.
It is submitted by the learned counsel on behalf of petitioner that the petitioner is not absconding. He has submitted to the authority of the Court pursuant to remedies under due process of Court. Earlier he had filed A.B.P. before Sessions Judge-V, Palamau which was rejected and against order of rejection, anticipatory bail preferred by him before this Court on 02.12.2022 in A.B.A. No.9266 of 2022. However, in the meantime, process under Section 82 of the Cr.P.C. has been issued on 25.11.2022.
It is apparent that filing of anticipatory bail application before this court was not in the notice of the Court below.
Learned A.P.P. for the State submits that from the execution report, it is apparent that process under Section 82 of Cr.P.C. has been issued after receiving the execution report and there is no infirmity in the order.
Under the circumstance, the impugned order is put in abeyance till the passing of the anticipatory bail application by this Court.
The Criminal Miscellaneous Petition is disposed of.
(Gautam Kumar Choudhary, J . )
Anit
3 issues framed by the court
Whether the impugned order issuing process can be quashed in light of a pending anticipatory bail application.
Whether the impugned order issuing process under Section 82 Cr.P.C. is infirm.
What is the proper course in light of a pending anticipatory bail application before this Court.
4 provisions across 4 enactments
Sarvar Ansari
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
