Dismissed

Randhon Hansda v. the State of Jharkhand

Jharkhand HC12 Jun 2023W.P.(Cr.)/20/2023

Case brief

AI extract

What is this about?

W.P.(Cr.) No. 20 of 2023 challenging an order reversing a Section 144 Cr.P.C. direction. The court dismissed the petition, upholding the lower court's decision for emerging reasons, allowing the petitioner to approach authorities in case of emergent situations.

What did the court decide?

Petition dismissed; petitioner allowed to approach competent authority in case of emergent situation.

Randhon Hansda Vs the State of Jharkhand — Civil Procedure and Limitation | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(Cr.) No. 20 of 2023

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----

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Randhon Hansda @ Sandhon Hansda .... Petitioner

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-- Versus -- The State of Jharkhand and Ors.` .... Respondents ----

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. G.K.Singh, Advocate For the State :- Mr. Manoj Kumar, Advocate ----

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6 /12.06.2023 Heard Mr. G.K. Singh, the learned counsel for the petitioner and Mr. Manoj Kumar, the learned State counsel.

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This petition has been filed for quashing of the order dated 28.7.2022 passed by the learned Additional District Judge-I, Rajmahal in Cr.Rev. No.78 of 2021 whereby he has been pleased to set aside the order dated 29.11.2021 passed by the learned Sub Divisional Judicial Magistrate, Rajmahal passed in Cr.Misc. No.745 of 2021.

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The learned counsel for the petitioner submits that the said proceeding has been initiated under section 144 Cr.P.C and the learned revisional court has wrongly interfered with the order.

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Mr. Manoj Kumar, the learned counsel for the respondent State submits that the learned court has rightly passed the order. He submits that the proceeding under section 144 Cr.P.C is under challenge and the said order remains in force for 60 days only.

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In view of the submission of the learned counsel for the parties the Court has gone through the impugned order passed by the learned Sessions Judge and finds that the learned Sessions Judge has given cogent reason for reversal of the order. Further the proceeding under section 144 Cr.P.C is for emergent nature and its force remains for 60 days only and the Court finds that there is no illegality in the order and accordingly this petition is dismissed.

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However, keeping in view that proceeding under section 144 Cr.P.C is emergent in nature and if any emergent situation is there the petitioner is at liberty to approached the competent authority.

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Pending petition if any also stands disposed of.

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( Sanjay Kumar Dwivedi, J.)

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SI/

Randhon Hansda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Randhon Hansda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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