SUMAN DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It has been submitted that the Complaint Case No.479 of 2008 was presented before the Chief Judicial Magistrate, Ranchi and on 5/4/2008 the learned court has referred the complaint case under sec. 156 (3) Cr.PC to the police for registration and investigation. It has been submitted that on the same day the learned court has sent the case to the learned S.D.J.M, Ranchi under sec. 192(1) Cr.PC. It has been submitted that sec. 192 Cr.P.C. comes in the play once the cognizance is taken by the learned C.J.M. and only thereafter the case can be transferred to any another court. It has further been submitted that the petitioner has earlier moved before this Court in W.P.(Cr.) No.393 of 2015 and subsequently the matter was heard on merit. He submits that final argument has been completed in the criminal writ petition and the judgment was reserved on 6/3/2018. It has been further submitted that in the case of co-accused namely Umesh Kumar Pandey who has also moved before this Court in Cr.M.P. No.2226 of 2015 in which further proceeding was stayed with regard to the entire case and not particularly Dr. Umesh Kumar Pandey by order dtd. 23/3/2017 passed in Cr.M.P. No.2226/2015.

(2.) The respondent State shall take instruction and file counter affidavit.

(3.) Let notice be issued upon the respondent no.2 by registered post with A/d as well as under ordinary process for which requisites etc. must be filed within two weeks.