JAYANTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners by way of filing this writ petition under Article 226 of the Constitution of India have prayed for quashing the entire criminal proceeding including FIR and the cognizance taken by the Judicial Magistrate,Madhupur under section 304(B) and 34 of the Indian Penal Code in connection with Margomunda P.S. Case No. 37 of 2013 corresponding to G.R. Case No. 273 of 2013 presently pending in the court of Judicial Magistrate Madhupur.

(2.) THE learned counsel for the petitioners is permitted to add complainant as party respondent no.4 in this case. Let notice be issued to the newly added respondent no.4 under registered post with A/D as well as by ordinary process for which requisite etc must be filed within one week. The learned counsel for the RespondentsState requested for four weeks time to take instruction and file counter affidavit in the matter. Requested, as sought for, is allowed.

(3.) HAVING regard to the facts and circumstances of the case as also in view of the submissions made by the learned counsel for the petitioners, no coercive steps shall be taken against the petitioners Jayanti Devi, Siromani Tiwari and Nisikant Tiwari in connection with Margomunda P.S. Case No. 37 of 2013 corresponding to G.R. No. 273 of 2013 till next date of listing. Put up this case in the last week of October, 2013.