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Jharkhand High Court · body

2019 DIGILAW 224 (JHR)

Nirmala Devi v. State of Jharkhand

2019-01-23

SHREE CHANDRASHEKHAR

body2019
JUDGMENT : 1. In both these quash-petitions challenge by the accused persons-different sets of petitioners - is primarily founded on the ground that institution of Barkagaon P.S. Case No. 135 of 2016 and Barkagaon P.S. Case No. 136 of 2016 in view of the allegations made in Barkagaon P.S. Case No. 134 of 2016 is illegal. 2. Cr.M.P. No. 3769 of 2017 was first listed on 24.01.2018 and thereafter, it was listed on 21.06.2018 when another quash-petition Cr.M.P. No. 3790 of 2017 was also listed. 3. Order dated 21.06.2018 records the contention raised by the petitioners founded on a decision in “Babubhai Vrs. State of Gujarat” reported in (2010) 12 SCC 254 . 4. Till date, no affidavit has been filed on behalf of the State. 5. Post these quash-petitions on 12.02.2019 for filing counter-affidavit by the Superintendent of Police, Hazaribagh. 6. On the date of hearing the investigating officer shall remain physically present in the Court with records. 7. The learned APP shall apprise the Court about stage of the trial. 8. Let a copy of the order be given to the learned APP. 9. Let a copy of the order be transmitted to the court concerned and the Superintendent of Police, Hazaribagh through FAX.