The High Court dismissed a writ application challenging an SDM order converting a Section 144 to Section 147 Cr.P.C. proceeding, holding that the matter required further investigation and should proceed as a show cause hearing.
None. The petitioner is directed to appear and file a show-cause and contest the proceedings under Section 147 Cr.P.C.
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. 2915 of 2018
Naresh Kumar …..…....... Petitioner
Versus State of Jharkhand & Anr………… Opp. Parties
Coram: Hon’ble Mr. Justice Ananda Sen
For the Petitioner : Mr. Binod Kumar, Advocate For the State : A.P.P.
7/13.01.2020 In this application, the petitioner has challenged the order dated 07.04.2018, passed by the SDM, Ramgarh in Case No. 24 of 2018, whereby the proceeding under Section 144 Cr.P.C. was converted to that of Section 147 Cr.P.C. and notice was issued to the petitioner to file his show cause.
Counsel for the petitioner submits that the petitioner has been restrained by the impugned order, which is absolutely bad. He submits that without proper investigation and ascertaining the correct fact, the impugned order cannot be passed.
I have heard the counsel for the parties and have gone through the impugned order, by which the petitioner was directed to appear and file his show cause and by way of interim measures restraining order was passed against the petitioner since the SDM found that the land is a road and there was earlier some settlement with respect of the said land.
Learned counsel’s submission that the said land was not a road, rather it is a raiyati land, can only be ascertained in the said proceeding, which is numbered as Case No. 24 of 2018, in which the petitioner is directed to appear and file his show cause.
At this stage, since the impugned order only directs the petitioner to appear and file his show cause, I am not inclined to interfere with the same. Further, the restraining order is by way of an interim measure, which is subject to the final order, to be passed by the SDM in the aforesaid case. The petitioner is directed to appear and file his show cause and contest the case.
With the aforesaid observation and direction, this application stands disposed of.
( Ananda Sen, J )
Mukund/-cp.3
1 issue framed by the court
Whether the High Court should interfere with the SDM order converting a Section 144 Cr.P.C. proceeding to Section 147 Cr.P.C. and directing a show cause.
3 provisions across 1 enactments
Naresh Kumar
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
