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Shukdev Kumar Alias Morich Kuli v. the State of Jharkhand

Jharkhand HC13 Sept 2023W.P.(Cr.)/236/2023

Case brief

AI extract

What is this about?

Writ petition challenging an order dated 14.04.2023 by the Sub-divisional Officer, Chandil, directing cooperation in construction work. The court set aside the order as it was passed without judicial mind and the underlying Section 144 Cr.P.C. order had already lapsed.

What did the court decide?

Impugned order dated 14.04.2023 set aside and this petition disposed of. Interim order vacated.

Shukdev Kumar Alias Morich Kuli Vs the… — Civil Procedure and Limitation | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (Cr.) No. 236 of 2023

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Shukdev Kumar @ Morich Kuli

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Tanuram Kumar

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Akshya Kumar

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Bishwajeet Kumar @ Bishwajit Kumbhakar

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Ardhendu Kumar @ Kumbhakar

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Sudhendu Kumar …… Petitioners

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Versus

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The State of Jharkhand and Others …… Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Abhishek Kumar Dubey, Advocate For the State : Mr. Mrinal Kanti Roy, G.A.-I Mr. Abhinay Kumar, A.C. to G.A.-I For the Resp. No.6 :Mr. Bhola Nath Rajak, Advocate 06/Dated: 13/09/2023

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Heard Mr. Abhishek Kumar Dubey, learned counsel for the petitioners, Mr. Mrinal Kanti Roy, learned counsel for the respondent-State and Mr. Bhola Nath Rajak, learned counsel for the respondent no.6.

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This petition has been filed for quashing the order dated 12/14.04.2023 passed by the learned Sub-divisional Officer, Chandil whereby the concerned officer-in-charge was directed to co-operate the respondent no. 6 in the construction work.

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Mr. Abhishek Kumar Dubey, learned counsel for the petitioners submits that the learned Sub-Divisional Officer, Chandil vide order dated 25.01.2022 in Misc. Case No. 127/2021 passed the order under section 144 of Cr.P.C. against the petitioners which was challenged by them in Criminal Revision No. 04 of 2022 which was disposed of by order dated 02.02.2023 by the learned Additional Sessions Judge, Chandil observing therein that said order passed under section 144 of Cr.P.C. remains operative for 60 days only and in view of that the revision petition has become infructuous. He submits that on the basis of earlier order, the present order dated 12/14.04.2023 has been passed whereby the learned Sub-Divisional Officer

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directed the concerned officer-in-charge to co-operate the respondent no. 6 in the construction work.

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Mr. Bhola Nath Rajak, learned counsel for the respondent no.6 submits that there is dispute with regard to land and the learned court has rightly passed that order.

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Mr. Mrinal Kanti Roy, learned counsel for the respondent-State submits that it appears that said order was not in operation inspite of that impugned order has been passed.

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The Court finds that order under section 144 Cr.P.C. remains only for 60 days and that has been observed by the revisional court in Criminal Revision No. 04/2022 and in view of that revision petition was disposed of saying that said order passed earlier by the learned SubDivisional Officer in Misc Case No. 127/2021 has become infructuous and the same Misc Case No. 127/2021 which was subject matter before the learned Sub-divisional Officer, the learned Sub-divisional Officer has further passed order dated 12/14.04.2023.

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It appears that this order is without application of judicial mind. No cause of action was there before the learned Sub-divisional Magistrate and if such a situation was there in absence of any fresh proceeding, such order was not required to passed.

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The impugned order will not survive in the eye of law. Accordingly, impugned order dated 12/14.04.2023 passed by the learned Sub-divisional Officer, Chandil whereby the concerned officer-in-charge was directed to co-operate the respondent no. 6 in the construction work, is set aside. This petition stands disposed of. Interim order is vacated.

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(Sanjay Kumar Dwivedi, J.)

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Satyarthi/

Shukdev Kumar Alias Morich Kuli v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shukdev Kumar Alias Morich Kuli v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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