JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. This matter was referred by way of referring by the learned Single Judge of this Court to the Division Bench in view of Bomshankar Jha @ Others vs. State of Jharkhand and Another, (2016) 1 JBCJ 223 (HC) and Shiv Kumar Singh and Others vs. State of Jharkhand and Another, (2017) 1 JLJR 291 as the different view taken by the learned Single Judge and that is why this has been referred to the Division Bench for reference as to which of the judgment is the correct law by this Court. Accordingly, the Division Bench has answered the reference holding that Shiv Kumar Singh and Others vs. State of Jharkhand and Another, (2017) 1 JLJR 291 is a good law and thereafter this matter has been mentioned before the Court and it has been heard earlier and thereafter it has come.

2. Heard Mr. Zaid Ahmed, the learned counsel for the petitioners, Mr. Pravin Kumar Appu, the learned counsel for the respondent State and Mr. Ram Chandra Sahu, the learned counsel for the O.P. No. 2.

3. This petition has been filed for quashing the order dated 08.08.2017 passed by the learned Additional Sessions Judge I cum Special Judge CBI, Dhanbad in C.P. Case No. 3238 of 2016 whereby the