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2022 DIGILAW 165 (JHR)

Vijay Laxmi Kora v. State of Jharkhand

2022-02-11

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : Heard Mr. Rohan Mazumdar, learned counsel appearing for the petitioner and Mrs. Niki Sinha, learned A.P.P. for the State. 2. 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. 3. This criminal miscellaneous petition has been filed for quashing of the First Information Report as well as the cognizance order dated 23.12.2014, the order dated 14.12.2015, whereby non-bailable warrant of arrest has been issued against the petitioner and also the order dated 03.02.2016, whereby processes under Sections 82 and 83 Cr.P.C. have been directed to be issued against the petitioner, in connection with Kiriburu P.S. Case No. 16 of 2014, pending in the Court of learned Additional Chief Judicial Magistrate, Chaibasa. 4. Learned counsel appearing for the petitioner submits that earlier there was a compromise between the parties and on the basis of said compromise, the petitioner has been enlarged on bail, but due to paucity of fund, the entire amount has not been paid to the O.P. No. 2. He submits that the petitioner is ready to comply the terms of the compromise and also ready to pay a sum of Rs. 25 lacs to the O.P. No. 2. 5. Learned counsel appearing for the State submits that the FIR is old one and also there is no illegality in the impugned orders. 6. In view of the above and considering that the petitioner is ready to pay a sum of Rs. 25 lacs to the O.P. No. 2, as agreed earlier and also in the interest of justice it would suffice that if the petitioner is directed to appear before the concerned court on or before the date fixed by this Court. 7. Accordingly, this petitioner is directed to appear before the concerned court on or before 07.03.2022 and if he appears on that date, the orders dated 14.12.2015 and 03.02.2016, whereby non-bailable warrant of arrest and processes under Sections 82 and 83 Cr.P.C. have been directed to be issued against the petitioner shall not be given effect. 8. If the petitioner files any petition before the concerned Court, the same shall be considered in accordance with law and disposed of on the same day. 9. 8. If the petitioner files any petition before the concerned Court, the same shall be considered in accordance with law and disposed of on the same day. 9. It is made clear that if the petitioner fails to appear on or before the date fixed, the concerned Court shall take all coercive steps against him. 10. With the above observation, this criminal miscellaneous petition is allowed and disposed of.