Chaitanya Swarup Gupta Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Chaitanya Swarup Gupta Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the writ petition permitted with liberty to challenge the charge sheet filed by C.I.D. in C.I.D. P.S. Case No. 22 of 2024; interim order dated 29.07.2024 vacated; Registry directed to intimate the court concerned forthwith.

Issue for consideration

Whether Thakurgaon P.S. Case No. 38 of 2023 was instituted pursuant to an order under Section 156(3) Cr.P.C. or on the written report of the informant Emen Toppo submitted directly at the police station. +1 more

Court's answer

On the admitted position of both sides, Thakurgaon P.S. Case No. 38 of 2023 is to be treated as instituted on the written report of informant Emen Toppo submitted directly at the police station, and not pursuant to any order under Section 156(3) Cr.P.C.

Ratio / Principle

I.A. No. 10214 of 2024, filed for amendment/correction of the order dated 29.07.2024, is disposed of in terms of the corrected position regarding the institution of Thakurgaon P.S. Case No. 38 of 2023.

Key takeaways

The writ petition is dismissed as withdrawn with liberty to the petitioners to challenge the charge sheet filed by C.I.D. in C.I.D. P.S. Case No. 22 of 2024.ratio¶¶22
The interim order granted earlier vide order dated 29.07.2024 stands vacated.ratio¶¶23
The Registry is directed to intimate the court concerned forthwith.ratio¶¶24

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Anil Kumar Choudhary, J.), W.P. (Cr.) No. 250 of 2024, order dated 15.01.2025. By Order No. 11, I.A. No. 10214 of 2024 seeking amendment/correction of the order dated 29.07.2024 was disposed of: on the admitted position of both sides, Thakurgaon P.S. Case No. 38 of 2023 was instituted on the basis of the written report of the informant Emen Toppo submitted directly at the police station, and not pursuant to any order under Section 156(3) Cr.P.C. The main writ petition was then dismissed as withdrawn with liberty to the petitioners to challenge the charge sheet filed by C.I.D. in C.I.D. P.S. Case No. 22 of 2024; the interim order granted vide order dated 29.07.2024 was vacated, and the Registry was directed to intimate the court concerned forthwith.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 250 of 2024

Chaitanya Swarup Gupta, aged about 51 years, son of Rameshwar Sao,

Bimla Devi, aged about 67 years, wife of Rajeev Rameshwar Sao

Aman Sao @ Bunty @ Aman Kumar, s/o Balram Sahu, aged about 33 years, resident of Village-Chund, P.S.Mandar, P.O.-Brambe, Dist.-Ranchi

… Petitioners

Versus

The State of Jharkhand

Triloki Munda, son of Sukar Munda, resident of VillageAdra, P.O. & P.S.-Thakurgaon, Dist.-Ranchi

Crime Investigation Department, having office at P.O. & P.S.-Dhurwa, Dist.-Ranchi. … Respondents

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners	: Mr. Nilesh Kumar, Advocate : Ms. Sonal Sodhani, Advocate
For the State	: Mr. Rajiv Ranjan, AG : Mr. Sreenu Garapati, SC III
For the Respondents	: Mr. Rahul Kumar Mishra, Advocate : Mr. Abhishek K. Gupta, Advocate : Ms. Neha Agarwal, Advocate ------

Order No.11 Dated- 15.01.2025 I.A. No.10214 of 2024

Heard the parties.

Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer for amendment/correction of the order dated 29.07.2024 in which it has inadvertently been mentioned that “the learned counsel for the petitioner submits that Thakurgaon P.S. Case No. 38 of 2023 was instituted pursuant to the order passed by the learned court under Section 156 (3) Cr.P.C.” but the same is not a correct statement as in fact, Thakurgaon P.S. Case No. 38 of 2023 has been registered on the basis of the written report submitted by the informant of the case namely Emen Toppo directly in the police station concerned, without intervention of any court.

The learned GA III submits that in fact, Thakurgaon P.S. Case No. 38 of 2023 has been registered basing upon the written report submitted by the informant Emen Toppo and no complaint case was filed by Emen Toppo nor there was any rhyme or reason for any court to pass any order under Section 156 (3) Cr.P.C.

In view of the admitted fact, it be treated that Thakurgaon P.S. Case No. 38 of 2023 was instituted on the basis of the written report submitted by the informant Emen Toppo, directly in the police station.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J . )

W.P. (Cr.) No. 250 of 2024

Heard the parties.

The learned counsel for the petitioners seeks permission of this Court to withdraw this writ petition with liberty to challenge the charge sheet filed by C.I.D. in C.I.D. P.S. Case No. 22 of 2024.

This writ petition is dismissed as withdrawn with the aforesaid liberty.

The interim order granted earlier vide order dated 29.07.2024 is vacated.

Registry is directed to intimate the court concerned forthwith.

(Anil Kumar Choudhary, J . )

Sonu-Gunjan/