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Judgment
Heard learned counsel for the petitioner and learned A.P.P for the State through Video Conferencing.
Learned counsel for the petitioner submits that the name of the petitioner and his alias name in the body of the petition tallies with his name in the complaint petition, Aadhar Card, impugned order and also in the body of vakalatnama except where petitioner has inscribed his signature. Therefore, the same may be ignored.
In view of the submission made, let the instant defect be ignored.
Learned counsel for the petitioner, in present circumstances, undertakes to remove the remaining defect no. 9(ii) and (iii) regarding filing of certain pages within a week. Defect no. 9(v) is ignored as according to the learned counsel for the petitioner, last page of the restoration application is not of much relevance. Defect no. 9 (iv) is also ignored.
Petitioner is an accused in connection with Complaint Case No. 605/2017 for the offences registered under sections 379 and 427 of the Indian Penal Code, pending in the Court of learned Sub-Divisional Judicial Magistrate, Ramgarh.
Learned counsel for the petitioner submits that the petitioner along with one Gaina Choudhary and 15-20 others have been falsely implicated in the instant case which relates to long standing land dispute between them and the complainant. Petitioner has preferred an appeal against the judgment and decree passed in respect of the land in question before the Appellate Court. However, since the appeal was dismissed for default, a restoration petition being Misc. Case No. 2/2017 has been filed, which is pending. Allegation of illegal harvesting of paddy is without any basis and nothing has been recovered from the person or house of the petitioner, as alleged. As such, petitioner would suffer unnecessary incarceration if he is not protected in terms of section 438 of the Cr.P.C.
Learned counsel for the State Mr. Pranay Kumar Jaiswal is present.
Issue notice to the Opposite party No. 2 under registered cover with A/d, for which requisites to be filed within one week, failing which this application shall stand dismissed without further reference to the Bench. In case learned counsel for the petitioner supplies mobile number of the complainant / O.P. No. 2, intimation of the instant case and the order passed today may also be sent to the complainant on the cell number through Whatsapp.
In the meantime, no coercive steps be taken against the petitioner in connection with Complaint Case No. 605/2017, pending in the Court of learned Sub-Divisional Judicial Magistrate, Ramgarh.
Let the matter be listed in the last week of June 2020.