JHARKHAND HIGH COURT ISSUES ORDER ON DINKAR SHAHI V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Jan. 8 -- Jharkhand High Court issued the following order on Dec. 8:

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the order dated 03.02.2021 passed by the learned Additional Sessions Judge-VI, Deoghar in Cr. Revision No.135 of 2018 whereby and where under the learned Additional Sessions Judge-VI, Deoghar has allowed the Criminal Revision; which has been filed challenging the order dated 22.05.2018 passed by the learned Sub-Divisional Magistrate, Deoghar in Cr. Misc. Case No.541 of 2017; by which the learned Sub-Divisional Magistrate, Deoghar has initiated a proceeding under Section 147 of the Cr.P.C. with regard to the land of Mouza Nawadih Thana No.109, Jamabandi No.09, Plot No.89, Area 33.50 sq. ft within P.S.- Sarwan, DistrictDeoghar.

3. The brief fact of the case is that the land of Plot No.89 is a private Raiyati land which stood recorded in the name of the ancestor of the opposite party Nos.2 to 4 in the record of rights. By claiming that the petitioner was using the vacant plot No.89 for a considerable period of time for entry and exit to his house, the petitioner initiated a proceeding under Section 147 of the Cr.P.C. The learned Sub-Divisional Magistrate, Deoghar vide order dated 03.06.2017 in Cr. Misc. Case No.541 of 2017 directed the parties to maintain status quo and called for the police report. The said order dated 22.05.2018 was assailed in Criminal Revision. The learned Additional Sessions Judge-VI, Deoghar considered that in the police report dated 18.06.2017 filed before the learned Sub-Divisional Magistrate, Deoghar, it has been mentioned that the ownership of the land is with the opposite party Nos.2 to 4 herein who were the petitioners before the Revisional Court and the petitioner herein who was the opposite party No.2 before the Revisional Court, was made over the disputed land on the basis of exchange of some other land of him with the ancestors of the opposite party Nos.2 to 4 herein. The learned Additional Sessions Judge-VI, Deoghar further considered that plot bearing No.89 belonging to opposite party Nos.2 to 4 herein and plot bearing No.90 belonging to the petitioner herein, were adjoining the main road and have direct entrance access to the road and ignoring this aspect, the learned Sub-Divisional Magistrate, Deoghar has initiated the proceeding under Section 147 of the Cr.P.C. The learned Additional Sessions Judge-VI, Deoghar set aside the same.

4. Learned counsel for the petitioner submits that due to pandemic, the parties were not appearing in the court, still the learned Additional Sessions Judge-VI, Deoghar has set aside the order dated 22.05.2018 impugned before it. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P, be allowed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoFoCDHow%2F4XL4V99DHZ433Wwy54UOJsR7OTcyhyZWIZo&caseno=Cr.M.P./874/2021&cCode=1&cino=JHHC010128132021&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.