AKHILESHWAR PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The learned counsel appearing on behalf of the petitioners shall array the informant as respondent no.2 in this petition in course of the day.

(2.) The learned counsel for the petitioners submits that the petitioners have already taken steps under the Cr.P.C and filed A.B.P. which was rejected by the order dtd. 5/9/2023 and after receiving the said order of the A.B.P, by the next order dtd. 18/9/2023, the warrant has been directed to be issued against the petitioners. He submits that there is dispute of property between the petitioners and the informant and the partition has already took place in the year 1983 between the parties. He further submits that so far as the petitioner nos.1,2 and 3 are concerned, they have not been served upon the notice under Sec. 41A of the Cr.P.C. He further submits that the case of the petitioner is covered in view of the judgment of this Court in case of Mahesh Kumar Choudhary and Others v. State of Jharkhand, reported in 2022 SC OnLine (Jhr) 620.

(3.) Mr. Deepankar, the learned counsel appearing on behalf of the respondent State shall take instruction and file counter affidavit within four weeks.