Advocates:
['ASHUTOSH GUPTA', '', 'ABHISHEK SINGH', 'SATISH PRASAD', '', 'AMIT KUMAR']

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Cr.M.P. No. 2299 of 2021

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Kanhaiya Lal Gupta, 38 years, s/o Lakshmi Das @ Laxmi Das, presently

residing at 4626 Tuttles Woods Dr., Dublin, Ohio, USA-43016

….. Petitioner

-- Versus --

The State of Jharkhand

…... Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Kaushik Sarkhel, Advocate

For the State :- Mr. Shekhar Sinha, P.P

For the O.P.No.2 :- Mr. Gautam Kumar, Advocate

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4/09.12.2021

Heard Mr. Kaushik Sarkhel, the learned counsel appearing

on behalf of the petitioner, Mr. Shekhar Sinha, the learned counsel

appearing on behalf of the respondent State and Mr. Gautam Kumar, the

learned counsel appearing on behalf of the Opposite Party No.2.

2.

I.A. No.6540 of 2021 has been filed for amendment in the

prayer portion of the petitioner.

3.

The learned counsel for the petitioner submits that in this

petition an order for proclamation under section 83 Cr.P.C has been

issued is not challenged and during pendency of this petition, the

subsequent order of proclamation under section 82 Cr.P.C has been

directed to be issued by order dated 11.10.2021 and that is why this I.A.

has been filed. It has been admitted by the learned counsel for the

informant as well as respondent State that during pendency of this

petition, this further order dated 11.10.2021 has been filed.

4.

In view of the above facts and considering that the order

dated 11.10.2021 has been passed later on during pendency of this

petition, the prayer made in the I.A is allowed.

5.

Let this I.A be treated as part of the petition.

Cr.M.P. No. 2299 of 2021

6.

This petition has been filed for quashing the order

dated 15.12.2020 whereby non-bailable warrant of arrest against

the petitioner has been directed to be issued. It is also made for

quashing the order dated 02.08.2021 whereby learned A.C.J.M.,

Ranchi was pleased to issue process under section 82 Cr.P.C. By

way of I.A. it has been prayed to allow the I.A. wherein process

under section 83 Cr.P.C has also been challenged.

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7.

A written report of the informant on 06.01.2020 has

been filed before the Officer Incharge of Sadar Police Station

alleging therein that:

The informant was married with Kanhaiyalal

Gupta on 22.05.2013 according to Hindu rites and

customs at Allahabad. At the time of marriage, her father

had given an amount of Rs.10,50,000/- in cash and

Rs.4,51,000/- through Bank Transfer in the account of the

father of the petitioner. It was also alleged that the entire

expenses of the marriage was borne by the father of the

informant and several gifts like chain, ring and chothes

were given to the accused on demand.

That the informant went to his matrimonial home

on

23.05.2013

after

marriage

and

the

accused

misbehaved with her being not satisfied with the articles

given in the marriage and complained of payment of

meager dowry particularly because of the husband of the

informant was settled in USA and is a software Engineer

and therefore they expected more dowry and a car.

That the husband of the informant thereafter left

for USA leaving her behind at Kanpur.

That the father of the informant having came to

know that she had not been taken to USA applied for her

urgent passport and gave her Rs.1,00,000/- and only

thereafter she could leave for USA on 23.09.2013.

That the informant returned to Kanpur with her

husband after one year and was again sent to USA in

November, 2014 alone. On 04.06.2015 she gave birth to a

son Aarav at USA and she was thereafter sent back to

Kanpur in August, 2015 where she was again tortured by

the accused in connection