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2023 Supreme(Jhk) 168

SANJAY KUMAR DWIVEDI
Mayank Giri – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Deepak Kumar Bharti, Advocate.
For the Respondent:Mr. S.K. Shukla, Mr. Ajit Kumar, Advocate.

JUDGMENT :

I.A. No. 6950 of 2022 has been filed for amendment in the prayer portion of the petition.

2. Learned counsel appearing for the petitioners submits that in two occasions, the prosecution has filed the petition under Section 311 Cr.P.C. He submits that those two petitions were allowed, without calling upon any reply on behalf of the defence in the first case. He further submits that the petitioners have filed a petition under Section 311 Cr.P.C. by the defence, which was rejected, vide order dated 29.06.2022. He also submits that the girl has married with a boy and the girl has stated in her statement recorded under Section 164 Cr.P.C. that she wants to live with the petitioner No. 1. He further submits that the learned court has rejected the prayer of the petitioner only on the ground of delay.

3. Learned A.P.P. appearing for the State as well as learned counsel appearing for the O.P. No. 2 has objected the argument of learned counsel appearing for the petitioners. They jointly submit that the learned court has rightly rejected the prayer of the petitioners.

4. In view of the above facts and submissions of the parties, the court has gone through the impugned order and finds t

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