High CourtsSingle Bench(2018) 01 JH CK 0046

Paresh Mahto vs State of Jharkhand & Ors

Jharkhand High Court · Decided on 6 January 2018

HON’BLE JUDGES
Rongon Mukhopadhyay
CASE NUMBER
1287 of 2015

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Judgment

17 paragraphs · 277 words

I.A. No.4586 of 2017

1.

This application has been filed by the petitioner for condoning the delay of 259 days in filing the criminal revision.

2.

Having been satisfied with the reason assigned in the instant interlocutory application, the delay of 259 days in filing the criminal revision is

hereby, condoned.

I.A. No.4586 of 2017 is disposed of.

Cr. Rev. No. 1287 of 2015

3.

Heard the parties.

4.

This criminal revision application is directed against the order dated 22.10.2014 passed by learned Judicial Magistrate, Ranchi in S.T. No.666

of 2014 by which cognizance has only been taken against Opp. Party No.2 and the Opp. Party Nos.3 to 6 have not been sent up for trial.

5.

It appears that after first information report was instituted being Tamar P.S. Case No.68 of 2014, the investigation culminated in submission of

the charge sheet only against Opp. Party No.2, namely, Rohit Mahto, pursuant to which cognizance was taken on 22.10.2014. The investigation

did not find involvement of the Opp. Party Nos. 3 to 6. The petitioner, at the time of submission of the charge sheet, had never filed any protest

petition before the court below and has filed present petition before this Court stating therein that the court should have also summoned against the

Opp. Party Nos.2 and 3 for facing trial.

6.

The impugned order dated 22.10.2014 is absolutely reasoned and justified in view of the fact that pursuant to charge sheet only against Opp.

Party No.2, cognizance has been taken and the Opp. Party Nos.3 to 6 have not been sent up for trial.

7.

In such circumstances, therefore, this application sans any merit, is hereby, dismissed.