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2025 DAILYLAW 30769 (JHR)

ETWARI PANDIT v. THE STATE OF JHARKHAND

Cr.M.P./4015/2023 · 2025-01-03

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 4015 of 2023 ------ 1. Etwari Pandit (aged about 70 years), son of late Bhuso Pandit 2. Chhedi Pandit (aged about 48 years), son of late Etwari Pandit, Petitioner No.1 and 2 are the resident of Village- Ghaghra, P.O.-Badkitand, P.S.-Bengabad, Dist.-Giridih 3. Sanjay Pandit @ Sanjay Kumar Pandit (aged about 24 years), son of Chandr Dev Pandit 4. Sokhni @ Sukhi Pandit (aged about 24 years) son of Mahavir Pandit, Petitioner Nos.3 and 4 are the resident of Village-Dasmoria, P.O.-Bengabad, P.S.-Bengabad, Dist.- Giridih … Petitioners Versus 1. The State of Jharkhand 2. Satwa Devi, wife of Bhola Pandit, resident of Village- Dasmoria, P.O.-Bengabad, P.S.-Bengabad, Dist.-Giridih … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ram Lakhan Yadav, Advocate For the State : Mrs. Mohua Palit, Addl. P.P. ------ Order No.06 Dated- 03.01.2025 Heard the parties. This criminal miscellaneous petition has been filed under section 482 Cr.P.C by the petitioners with a prayer for modification of the order dated 10.10.2023, passed in A.B.A. No. 7721 of 2023. Learned counsel for the petitioners does not press this criminal miscellaneous petition on behalf of the petitioner no.1. Accordingly, this criminal miscellaneous petition is rejected as not pressed on behalf of the petitioner no.1. Hence, this Criminal Miscellaneous Petition is rejected not pressed in respect of the petitioner no.1. So far as the petitioner nos. 2 to 4 are concerned, It is submitted by the learned counsel for the petitioner nos. 2 to 4 that the petitioner nos. 2 to 4 were directed to surrender before the court below within six weeks but due to paucity of money, they could not surrender within the stipulated time. It is next submitted that the petitioner nos. 2 to 4 have collected money and have deposited cash security of Rs.10,000/- each, a copy of which has been annexed as Annexure-2 series of the brief. Hence, it is submitted that time to surrender before the court below in terms of the order dated 10.10.2023, passed in A.B.A. No. 7721 of 2023 be extended for six weeks from the date of this order. Considering the aforesaid submission of the learned counsel for the petitioner nos. 2 to 4, the prayer for extension of time for the petitioner nos. 2 to 4 to surrender in the court below in terms of the order dated 10.10.2023, passed in A.B.A. No. 7721 of 2023 is allowed. Hence, the petitioner nos. 2 to 4 are directed to surrender before the court below “within six weeks from the date of this order in terms of the order dated 10.10.2023, passed in A.B.A. No. 7721 of 2023”. The order dated 10.10.2023, passed in A.B.A. No. 7721 of 2023 is modified to the aforesaid extent only. This criminal miscellaneous petition is disposed of accordingly. In view of the disposal of this criminal miscellaneous petition, interlocutory application, if any, is disposed of being infructuous. (Anil Kumar Choudhary, J.) Sonu/Gunjan-