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Judgment
8 paragraphs · 370 wordsHeard Mr. Sudhansu Kumar Deo, learned counsel for the petitioners and Mr. Sunil Kumar Dubey, learned counsel for the State as well as Ms. Bibha Bakshi, learned counsel for the complainant.
This criminal miscellaneous 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.
On 13.06.2016, the State was directed to take instruction and file counter affidavit and also point out the specific report as indicated in that order. On 16.03.2020, it was again recorded that counter affidavit has not been filed and further six weeks' time was allowed for filing counter affidavit. On 11.01.2021, the Court ordered that sufficient grounds have been raised by the petitioners and the Court also directed to State to seek instruction and file counter affidavit and in that order it was also observed that it is not fair on the part of the State to proceed before the Court below by virtue of the order passed by the Hon'ble Supreme Court and by not filing counter affidavit as directed by this Court and seeing the attitude of the State, having no alternative, the Court stayed the further proceeding of present case. Accordingly, till further order further proceedings of case under challenge, was stayed.
Today, when the matter was taken up again time is being sought on behalf of opposite party-State to file counter affidavit. Much have already been said by the Court in the earlier orders and in spite of much indulgence, State has not filed counter affidavit.
Mr. Dubey, learned counsel appearing for the State submits that he has already requested Civil Surgeon-cum-Chief Medical Officer, Deoghar and Deputy Commissioner, Deoghar in spite of that he is not receiving any instruction.
In the light of above, the Court was inclined to issue direction upon Civil Surgeon-cum-Chief Medical Officer, Deoghar but on repeated request of Mr. Dubey, learned counsel appearing for the State, by way of last indulgence, ten days' time is allowed for filing counter affidavit.
Matter is adjourned for ten days. On the next date of listing, appropriate order will be passed if counter affidavit will not be on record.
Post this matter on 28 April, 2021.