Allowed

Vishla Kumar v. the State of Jharkhand

Jharkhand HC11 Oct 2023W.P.(Cr.)/54/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the Additional Sessions Judge's order quashing an encroachment notice due to alleged non-compliance of CrPC sections. The High Court quashed the judicial order and directed the petitioner to file a fresh petition.

What did the court decide?

The impugned order dated 16.10.2015 was set aside. The petitioner is at liberty to file a fresh petition under Section 133 Cr.P.C.

Vishla Kumar Vs the State of Jharkhand — Landlord and Tenant | Jharkhand HC (2023)

¶1

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 54 of 2019

Vishal Kumar

…… Petitioner

Versus

State of Jharkhand and Others

¶7

…… Respondents

¶8

--------CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶9

---------

¶10

For the Petitioner : Mr. Jitendra Tripathi, Advocate For the State : Mr. Ashutosh Anand, A.A.G.-III

¶11

14/Dated: 11/10/2023

¶12

By order dated 27.02.2020 notice upon the respondent nos. 11, 12, 13 and 15 were directed to be issued. The record suggests that notice has been effected.

¶13

Learned counsel has already appeared on behalf of respondent nos. 6 to 10 and 14.

¶14

Notice has also been deemed to be validly served upon respondent no. 15 which has been mentioned in order dated 06.09.2023 and further by order dated 06.09.2023 the matter was adjourned with a view to provide one more opportunity to the respondent no. 15 and other respondents.

¶15

Today, when the matter was taken up learned counsels who has appeared by way of filing vakalatnama has also not appeared.

¶16

Heard Mr. Jitendra Tripathi, learned counsel for the petitioner and Mr. Ashutosh Anand, learned counsel for the respondent-State.

¶17

This petition has been filed for quashing the order dated 16.10.2015 passed by the learned Additional District Judge-VI, Hazaribag in Criminal Revision No. 196 of 2011 whereby he has been pleased to set aside notice dated 12.09.2011 passed in connection with Case No. 01/2011.

¶18

Learned counsel for the petitioner submits that notice was issued by the learned SDM only on the ground that public road was encroached by private respondents and the petitioner filed the said proceeding before the

¶19

¶20

learned SDM as there was obstruction in the road.

¶21

Learned counsel for the respondent-State submits that on technical ground the revision petition was allowed holding that sections 134 and 137 to 141 of Cr.P.C. has not been complied before issuing notice. However, he submits that the said road is government road which has been constructed on expenditure of public exchequer.

¶22

In view of above and considering that inspite of valid notice, the private respondents have not appeared and the facts disclosed in the supplementary counter affidavit filed by the respondent-State in para 4 that said road is government road and the private respondents have encroached the road, impugned order 16.10.2015 passed by the learned Additional Sessions Judge-VI, Hazaribag in Criminal Revision No. 196 of 2011 whereby he has been pleased to set aside notice dated 12.09.2011 passed in connection with Case No. 01/2011, on the ground of not complying the provisions cannot be set aside as the same was required to comply. However, seeing the nature of allegation the petitioner is put at liberty to file a fresh petition under Section 133 Cr.P.C. before the competent authority, who will decide the same in accordance with law.

¶23

This petition stands disposed of. Pending I.A, if any stands

¶24

disposed of.

¶25

( Sanjay Kumar Dwivedi, J.)

¶26

Satyarthi/

Vishla Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Vishla Kumar 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

Similar cases

Rekha Devi Vs the State of Jharkhand

Umesh Singh Vs the State of Jharkhand

MD Islam Alias MD Islam Ansari Vs the State of Jharkhand and Anr.

Dukhni Bhakat Vs the State of Jharkhand

Jitu Chandravanshi Vs the State of Jharkhand and Anr.

Mithun Gadbiya Vs the State of Jharkhand