High CourtsSingle Bench(2021) 08 JH CK 0009

Swarup Kumar Barik vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 2 August 2021

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition No. 540 Of 2021

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Judgment

12 paragraphs · 183 words

Sanjay Kumar Dwivedi, J

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.

This petition has been filed for quashing the order dated 13.01.2020 passed in A.B.P. No.1 of 2020 by learned Sessions Judge, East Singhbhum at

Jamshedpur, whereby the Opposite Party nos.2,3 and 4 have been granted anticipatory bail.

On perusal of Section 439(2) Cr.P.C, it transpires that the High Courts as well as the court of Sessions are having power to exercise under that

section. The anticipatory bail has been granted by the learned Sessions Judge, East Singhbhum, Jamshedpur, it will be proper for the petitioner to file

petition before the learned Sessions Judge under section 439(2) Cr.P.C.

The petitioner, if so advised, may approach the learned Sessions Judge, East Singhbhum, Jamshedpur and take all the grounds which have been raised

in this Cr.M.P.

With the above observation, this Cr.M.P. stands dismissed.