Badhu Mardi vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

This petition has been filed for quashing of the entire criminal proceeding as well as order passed by the learned court of Sessions Judge-XIII, Jamshedpur in Cr.Revision No.136 of 2019 dated 07.05.2019 and the petition has been dismissed and the order passed by the learned Judicial Magistrate, 1st Class, Jamshedpur has been affirmed.

Mr. Rajendra Krishna, the learned counsel for the petitioner submit that a counter affidavit has been filed wherein at paragraph no.8 it has been disclosed that charge sheet has been submitted against the petitioner. He submits that stay was there and the petitioner has cooperated in the investigation that is why charge sheet has been submitted and in that view of the matter, the NBW may not take effect.

In view of the above fact and considering the submission of the learned counsel for the petitioner, in the interest of justice it will suffice that the petitioner be directed to appear in the concerned court on a date fixed by this Court.

Accordingly, the petitioner is directed to appear in the concerned court on or before 30.03.2022.

In the event of his appearance in the concerned court on or before the date fixed by this Court, the order of NBW shall not be given effect to.

It is made clear that if the petitioner fails to appear in the concerned court on or before the date fixed by this Court, all coercive measures shall be taken by the concerned court against the petitioner.

Any petition filed by the petitioner shall be considered by the concerned court and shall be disposed of on the same day in accordance with law.

Cr.M.P. No. 2107 of 2019 stands disposed of.

I.A. if any also stands disposed of.