Petitioners challenged orders initiating land dispute proceedings and rejecting a quashing petition. The court held the orders were revisable, deeming the Section 482 petition maintainable. The petition was dismissed as not maintainable.
Petition for quashing the orders under Section 482 Cr.P.C. dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1891 of 2011
Gaja Nand Mahto & Others ….. Petitioners
Versus The State of Jharkhand & Others ….. Opposite Parties
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners: None For the State: Ms. Niki Sinha, A.P.P
05/02.04.2019 No one appears on behalf of the petitioners whereas Ms. Niki Sinha, learned A.P.P, is present on behalf of the State.
The present petition has been filed for quashing the order dated 16.01.2010 passed by the Sub-Divisional Officer, Ramgarh in Misc. Case No. 08/2010 whereby the proceeding under Section 145 Cr.P.C has been initiated against the petitioners in connection with certain land without any report of the competent officer. Further prayer has been made for quashing the order dated 09.07.2011 whereby the said authority has rejected the petition filed on behalf of the petitioners under Section 145(5) Cr.P.C in the aforesaid case.
The impugned orders dated 16.01.2010 and 09.07.2011 passed by the Sub-Divisional Officer, Ramgarh are revisable in nature. Thus, I am not inclined to entertain the present petition in exercise of jurisdiction under Section 482 Cr.P.C.
The present petition is accordingly dismissed as not maintainable.
(RAJESH SHANKAR, J)
Satish/-
2 issues framed by the court
Whether the High Court should entertain a petition under Section 482 Cr.P.C for quashing an order initiating proceedings under Section 145 Cr.P.C.
Whether the impugned orders are revisable in nature and thus preclude interference under Article 226 or Section 482 Cr.P.C.
3 provisions across 1 enactments
Gaja Nand Mahto & Others
The State of Jharkhand & Others
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
