Criminal Miscellaneous Petition challenging a revisional order affirming a Section 145 Cr.P.C. declaration. Court held petitioner failed to show infirmity and dismissed the petition.
Criminal Miscellaneous Petition is dismissed.
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. 372 of 2018
------
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners : Mr. Pankaj Kumar Dubey, Advocate For the State : Mr. V.S. Sahay, A.P.P. For the O.P. No.2 : Mr. Sudhir Kumar Sharma, Advocate
------ Order No.06 Dated : 01.11.2023
Instant petition has been filed against the order passed in Cr. Revision No.75 of 2012 by the learned Additional Sessions Judge-III, Palamau at Daltonganj whereby and whereunder the order passed under Section 145 of the Cr.P.C. by the Sub Divisional Magistrate in Miscellaneous Case No.274 of 2001, has been affirmed.
The revisional order has been impugned on the ground that declaration under Section 145 of the Cr.P.C. has been made with respect to plot of land where a house has been constructed. Further, the report of the Circle Officer was not exhibited.
Learned counsel on behalf of State as well as learned counsel on behalf of opposite party no.2 have defended the order. It is submitted that a report was called for by the Sub Divisional Officer from the Circle Officer and the report has been furnished wherein it has been specifically stated that there was no house over the said plot. The photocopy of the certified copy of the report of is annexed with the counter affidavit.
This Court is of the view that petitioner has failed to make out a case for interference by this Court in exercise of its inherent power. I do not find any infirmity in the impugned order.
Accordingly, Criminal Miscellaneous Petition is dismissed.
(Gautam Kumar Choudhary, J . )
Anit
2 issues framed by the court
Whether declaration under Section 145 of Cr.P.C. was properly made regarding a plot of land where a house was claimed to have been constructed.
Whether the omission of the Circle Officer's report warrants interference in the revisional order.
1 provisions across 1 enactments
Jugeshwar Upadhyay
Laxman Upadhyay
Binod Upadhyay
The State of Jharkhand
Baijnath Shukla
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
