ANIL CHANDRA BISWAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner preferred this writ petition on 6th June, 2007, for quashing the F.I.R in connection with Lalpur P.S. Case No. 40/2007 dated 5th April, 2007, corresponding to G.R. Case No. 1249/2007, Annexure - 16, pending in the court of Chief Judicial Magistrate, Ranchi and also for quashing the entire order dated 28th April, 2007, by virtue of which warrant of arrest has been ordered to be issued against the writ petitioner. On 6th February, 2008, notices were issued to respondent nos.2 to 4 and an interim order was passed that "In the meantime, processes issued against the petitioner vide order dated 28.4.2007 in connection with Lalpur Police Station Case No. 40 of 2007 (G.R. No. 1249 of 2007) shall remain stayed".

(3.) Learned counsel for the petitioner vehemently submitted that it is a case of civil dispute, wherein a civil suit filed by the writ petitioner is also pending. However, in that suit, stay was refused by the trial court, appeal for grant stay was also rejected by the first appellate court and ultimately the application for grant of stay was refused by the High Court but Hon'ble Supreme Court passed order on 13th October, 2010, in Special Leave to Appeal (Civil) No. 23767/2008, while dismissing the leave petition, holding that no ground is made out to interfere with impugned order with the observation that "Needless to say that if any construction is made during the tendency of the suit, the same shall be subject to its result".