Mukleshur Aalam Vs the State of Jharkhand

For the Petitioners : Mr. Sumeet Gadodia, Advocate : Mr. Anish Lal, Advocate : Mr. Ranjeet Kushwaha, Advocate For the State : Mr. P.D. Agrawal, Spl. P.P.

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By the Court:-

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I.A. No.2752 of 2026

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Heard the parties.

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This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition.

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Since, hearing of this criminal miscellaneous petition is taken up

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today, hence, this interlocutory application is disposed of being infructuous.

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(Anil Kumar Choudhary, J . )

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Cr.M.P. No. 2722 of 2025

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Heard the parties.

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Cr.M.P. No.2722 of 2025

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(2026:JHHC:5553)

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This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 09.12.2024 passed by the learned Chief Judicial Magistrate, Pakur in connection with Pakur (Town) P.S. Case No. 63 of 2016, corresponding to G.R. Case No. 153 of 2016 registered for the offence punishable under Sections 379/411 of the Indian Penal Code and under Section 54 of Jharkhand Minor Minerals Concessions Rules, 2004 whereby and where under, representation under Section 317 of Code of Criminal Procedure filed on behalf of the petitioners through their Advocate was rejected and the bail of the petitioners have been cancelled and non-bailable warrant of arrest has been issued against the petitioners. Prayer has also been made to quash the order dated 11.07.2025 passed by the learned Sessions Judge, Pakur in Criminal Revision No. 29 of 2025 whereby and where under, the learned Sessions Judge, Pakur has dismissed the criminal revision which was directed against the said order dated 09.12.2024 passed by the learned Chief Judicial Magistrate, Pakur in connection with Pakur (Town) P.S. Case No. 63 of 2016, corresponding to G.R. Case No. 153 of 2016.

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It is submitted by the learned counsel for the petitioners by drawing attention of this Court to I.A. No. 2753 of 2026 that since vide order dated 09.12.2024 the bail of three accused persons were cancelled as it appeared to the learned Chief Judicial Magistrate, Pakur that they are not cooperating with the consideration of

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Cr.M.P. No.2722 of 2025

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(2026:JHHC:5553)

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framing of charge in the case hence, even though the two petitioners of this case made prayer for exempting their appearance and to be represented by their lawyer but keeping in view the fact that the third accused person was also not appearing, the learned Chief Judicial Magistrate, Pakur rejected the prayer of the petitioners to be represented by their lawyer on 09.12.2024. It is further submitted by the learned counsel for the petitioners that the petitioners were prevented by sufficient cause for not appearing in the court of Chief Judicial Magistrate, Pakur and they had no intention of not cooperating with the framing of charge. It is next submitted by the learned counsel for the petitioners that I.A. No. 2753 of 2026 which is supported by separate affidavits of each of the accused persons of the case namely Mukhleshur Alam, Asaraful Haque and Saheb Shekh wherein, they have undertaken that they are ready and willing to appear before the learned Chief Judicial Magistrate, Pakur in connection with Pakur (Town) P.S. Case No. 63 of 2016, corresponding to G.R. Case No. 153 of 2016. Hence, it is submitted that this criminal miscellaneous petition be disposed of with the direction to the trial court that in case both the petitioners along with the third accused person namely Saheb Shekh appears before the learned Chief Judicial Magistrate, Pakur on or before 16.03.2026 then the learned Chief Judicial Magistrate, Pakur shall consider the framing of charge on the same day and in case,

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Cr.M.P. No.2722 of 2025

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(2026:JHHC:5553)

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charge is framed and the petitioners pray for bail, the same be allowed.

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Considering the aforesaid facts, this criminal miscellaneous petition is disposed of with the direction that if all the three accused persons of Pakur (Town) P.S. Case No. 63 of 2016, corresponding to G.R. Case No. 153 of 2016 appear together before the court of learned Chief Judicial Magistrate, Pakur on or before 10:30 am of 16.03.2026 to which date the case is next fixed then the learned Chief Judicial Magistrate, Pakur will consider framing of charge against the petitioners on the same day and in case, the charge is framed against them and the petitioners pray for regular bail, the learned Chief Judicial Magistrate, Pakur is directed to grant them regular bail on their furnishing bail bond of Rs.25,000/- each with two sureties. In case, the petitioners fail to appear before the learned Chief Judicial Magistrate, Pakur along with the co-accused namely Saheb Shekh by 10.30 am of 16.03.2026, the learned Chief Judicial Magistrate, Pakur is directed to take all coercive steps for apprehension of the petitioners in accordance with law.

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