STAN SWAMY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Through this interlocutory application, petitioner has prayed to incorporate a prayer in the prayer portion of the main criminal miscellaneous petition wherein he has sought to further challenge the order dated 24.09.2019 passed by the Chief Judicial Magistrate, Khunti in Khunti Police Station Case No. 124 of 2018 (G.R. No. 287 of 2018), by which process under Section 83 of the Code of Criminal Procedure has been issued against the petitioner.

(2.) Counsel for the petitioner submitted that on the date of filing of this criminal miscellaneous, i.e., on 24.09.2019 an order was passed by the Court below issuing processes under Section 83 of the Code of Criminal Procedure against the petitioner, which necessitated filing of this interlocutory application. He submits that if the amendment sought through the present interlocutory application is not allowed, another criminal miscellaneous petition will have to be filed for challenging only the order dated 24.09.2019 passed by the Court below issuing process under Section 83 of the Code of Criminal Procedure against the petitioner. Thus, to avoid multiplicity of proceeding, he prays to allow this interlocutory application.

(3.) State makes a formal objection to the prayer made by the petitioner.