Dismissed¶¶24

Birendra Toppo v. the State of Jharkhand

Jharkhand HC21 Aug 2024W.P.(Cr.)/944/2023

Case brief

AI extract

What is this about?

Jharkhand High Court; writ petition dismissed as infructuous; final form submitted during pendency of writ petition; petitioner not sent up for trial; Gumla (Mahila) P.S. Case No. 21 of 2023; Chief Judicial Magistrate, Gumla; notice deemed validly served after respondent No. 6 refused to accept notice; Birendra Toppo v. State of Jharkhand and others; Justice Sanjay Kumar Dwivedi; decided 21.08.2024; W.P. (Cr.) No. 944 of 2023; no statutes or precedents cited.

What did the court decide?

Since the final form has been submitted during the pendency of the writ petition and the petitioner has not been sent up for trial, the petition stands dismissed as infructuous. ¶¶24

Birendra Toppo Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 944 of 2023

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Birendra Toppo, aged about 33 years, son of Jamuna Toppo, permanent resident of Gram Post Thana – Bhandaria, new Bhandari, Garhwa, District – Garhwa, Jharkhand, 822125 and presently residing at resident of Karam Toli, P.O. – Lalpur, P.S. – Lalpur, District – Ranchi (Jharkhand) .... Petitioner

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1. The State of Jharkhand

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2. The Superintendent of Police, Gumla, P.O. & P.S. – Gumla, District – Gumla

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3. The Sub-Divisional Police Officer, Gumla, P.O. & P.S. – Gumla, District – Gumla

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4. The Officer-in-charge, Gumla Police Station, P.O. & P.S. – Gumla, District – Gumla

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5. The Investigating Officer, Gumla Police Station, P.O. & P.S. – Gumla, District – Gumla

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6. Abhilasha Tirkey, aged about 39 years, daughter of Emanuel Tirkey, permanent address – resident of village – Chainpur, Gumla, P.O. and P.S. – Chainpur, District – Gumla, Jharkhand, presently posted as Assistant Teacher in P.S. Hapug, Udiya School, Hat Gamhariya, P.O. and P.S. – Hat Gamhariya, District – Chaibasa, Jharkhand .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Kumar Amit, Advocate For the State :- Mr. Yogesh Modi, Advocate

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05 /21.08.2024 The matter relates to Gumla (Mahila) P.S. Case No.21 of 2023 pending in the Court of learned Chief Judicial Magistrate, Gumla.

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2. The office notes suggests that the opposite party No.6 has

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refused to accept the notice as such the notice upon the respondent No.6