IN THE HIGH COURT OF JHARKHAND, RANCHI Cr.M.P. No.1163 of 2009 Neyaj Alam & others -- -- -- -- -- -- --Petitioners Versus The State of Jharkhand & another -- -- -- -- --Opposite Parties -------- Coram: The Hon'ble Mr. Justice D.K. Sinha ---- For the Petitioners : Mr. Binay Kumar Pathak, Advocate For the State : A.P.P. For the Opp. Party No.2 : Mr. Mahesh Kr. Verma, Advocate -- 4/ 23.3.2011
It is evident that the opposite party No.2 has entered appearance by
executing vakalatnama and filed counter-affidavit.
It is further evident from the counter-affidavit that has been filed on
behalf of the opposite party No.2 that though the FIR was lodged on 19.5.2009
for the alleged offence under Section 366A of the Indian Penal Code but the
charge-sheet has not yet been filed and this petition is premature, by which
prayer has been made for quashment of the FIR.
I find from the order dated 2.12.2009 that this Court has passed the
order that no coercive action shall be taken against the petitioners.
Mr. Pathak, the learned counsel, submits that admittedly the petitioners
have not obtained the bail till date and he has not received the copy of the
counter-affidavit, which was filed on behalf of the opposite party No.2.
In the circumstances, opposite party No.2 is directed to make over the
copy of the counter-affidavit to the learned counsel for the petitioners.
Put up this case on 18th of April, 2011.
In the meantime, petitioners are directed to pray for their bail, failing to
which, appropriate order shall be passed vacating the ad interim protection.
(D.K. Sinha, J.)