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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2482 of 2014 Santosh Prasad @ Debar ....Petitioner Versus The State of Jharkhand & another ... Opposite Parties -------- Coram: THE HON'BLE MR JUSTICE P.P. BHATT -------- For the Petitioner : Mr.Bibhash Sinha, Advocate For the Opp. Parties : Mr. Sanjay Kr. Pandey-II, APP (I.A. No. 5394 of 2014) 2/07.11.2014
: Present interlocutory application has been filed seeking amendment in the prayer portion of the main petition, in view of the subsequent development, which has taken place in the matter.
For the reasons stated in the interlocutory application, the same is allowed.
Accordingly, I.A. No. 5394 of 2014 stands disposed of. (Cr.M.P. No. 2482 of 2014) Present criminal miscellaneous petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding, including the First Information Report in connection with Gua (Barajamda) P.S. Case No. 09 of 2014, corresponding to G.R. No. 99 of 2014, registered for the offences punishable under Sections 414, 420, 467, 468 and 120B of the Indian Penal Code, Rules 7, 8 and 9 of Jharkhand Mineral Dealers' Rules, 2007, Section 38/41 of Air Pollution Act and Sections 4/21 of the M.M. (D.R.) Act, 1957, now pending in the Court of learned Chief Judicial Magistrate, Chaibasa.
Learned counsel for the petitioner submitted that all the three accused persons were named in the FIR and out of them, two accused persons, namely, Vijay Kumar Jain and Amar Sharma have preferred Cr.M.P. No. 1651 of 2014 and a co-ordinate Bench of this Court, passed an interim order, on 10.9.2014 that no coercive step shall be taken against the petitioners and the Government counsel was directed to take instruction in the matter and file counter-affidavit.
In this case also, learned counsel appearing for the opposite party- State Government prays for and is allowed four weeks' time to take instruction and file counter-affidavit.
Put up this case along with Cr.M.P. No. 1651 of 2014. Having regard to the aforesaid submissions, there shall not be any coercive steps against the petitioner.
Let the order be communicated through FAX to the court concerned on the cost to be deposited by the learned counsel for the petitioner.
(P.P. Bhatt, J.) S.B.