BISWANATH HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Naveen Kumar Jaiswal, learned counsel for the petitioner and Mrs. Priya Shrestha, learned counsel for the State.

(2.) This petition has been filed for quashing the order dtd. 25/2/2021 to the extent of address of the accused Lakhi Ram Baskey and for quashing of order dtd. 17/3/2021 passed by the learned Judicial Magistrate, 1st Class, East Singhbhum at Jamshedpur in connection with Sundernagar P.S. Case No.22/2017 dtd. 4/7/2017 corresponding to G.R. Case No.1867/2017(S), pending in the court of the learned Judicial Magistrate, 1st Class, East Singhbhum at Jamshedpur.

(3.) Learned counsel for the petitioner submits that the petitioner is the father-in-law of the accused namely Lakhi Ram Baskey. He further submits that an application has been filed by the I.O. to the concerned court for change of address of the accused from his permanent address to the residential address of the petitioner. According to him, the petitioner has no knowledge about filing of the application of the I.O. and the petitioner was also not knowing on what basis said application was filed by the I.O. for change of address, wherein the I.O. himself has accepted that the permanent address of the accused is somewhere else. He further submits that the petitioner came to know only after passing of the order dtd. 25/2/2021 whereby process has been directed to be issued against the accused on the address of the petitioner. He also submits that the accused used to reside at different rented houses at the place of his posting. He further submits that the daughter of the petitioner has filed divorce suit against the accused namely Lakhi Ram Baskey. He also submits that the accused is not residing along with this petitioner and in spite of that process has been issued on the address of the petitioner.