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2023 Supreme(Jhk) 1055

SANJAY KUMAR DWIVEDI
Gopinath Sahu – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Bibhash Sinha, Mr. Ajay Kumar Sah, Advocate
For the State : Mr. Piyush Anand, A.C. to S.C.-VI
For the Respondent:Mr. A.K. Kashyap, Sr. Advocate, Mrs. Chaitali Chatterjee Sinha, Advocate

JUDGMENT :

Heard Mr. Bibhash Sinha, learned counsel for the petitioner, Mr. A.K. Kashyap, learned senior counsel along with Mrs. Chaitali Chatterjee Sinha, learned counsel for respondent no.2 and Mr. Piyush Anand, learned counsel for the State.

2. This petition has been filed for quashing the entire criminal proceeding including the order dated 05.10.2016, whereby cognizance for offence under Section 304A of the Indian Penal Code has been taken against the petitioner in connection with C.P. Case No.379/2015, pending in the court of the learned Judicial Magistrate, 1st Class, Bokaro.

3. I.A. No.11562 of 2022 has been filed, whereby, subsequent development has been sought to be challenged by way of amendment as substance has been explained to the petitioner vide order dated 25.08.2022.

4. Mr. Bibhash Sinha, learned counsel for the petitioner submits that this I.A. may kindly be allowed as there was stay of proceeding, which was being opposed by Mr. A.K. Kashyap, learned senior counsel for respondent no.2. Mr. Kashyap submits that substance has already been explained and in view of that at this belated stage, this I.A. may not be allowed.

5. In view of the above submissions of the learned

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