Surendra Nath Tiwary vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 914

SANJAY KUMAR DWIVEDI
Surendra Nath Tiwary – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Petitioners:Mr. Rajesh Kumar, Advocate, Mr. Amit Kumar, Advocate
For the Respondent:Ms. Shivani Kapoor, A.C. to S.C.-II, Mr. R.S. Mazumdar, Sr. Advocate, Mr. Rohan Mazumdar, Advocate Mr. S. Bhowmik, Advocate Mr. K.K. Mishra, Advocate

JUDGMENT :

I.A. No.9824 of 2018

I.A. No.9824 of 2018 has been filed for amendment in the prayer portion of the writ petition.

2. Mr. Rajesh Kumar, learned counsel for the petitioners submits that earlier only FIR was challenged in this petition, however subsequently vide order dated 16.08.2018, the learned court has taken cognizance against the petitioners and that is why the said I.A. has been filed. He submits that this I.A. may kindly be allowed.

3. Mr. R.S. Mazumdar, learned senior counsel appearing for respondent no.2 and Ms. Shivani Kapoor, learned counsel for the State are opposing the prayer made in the said I.A. and submit that deliberately this I.A. has not been pressed and that is why it is fit to be dismissed.

4. In view of the above submissions of the learned counsel for the parties, the Court has gone through the order taking cognizance and finds that the cognizance order was passed on 16.08.2018 whereas the FIR was challenged in the year 2015 itself. To avoid multiplicity of the litigation and in the interest of justice, the prayer made in the said I.A. is allowed.

5. Accordingly, I.A. No.9824 of 2018 is disposed of.

6. Let the said I.A. be treated as part of the main writ