Jaishankar Prasad Gupta Vs the State of Jharkhand

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the order dated 06.06.2022 in Cr. Revision No. 42 of 2021 passed by the learned Sessions Judge, Garhwa whereby and where under the learned Sessions Judge, Garhwa has allowed criminal revision and set aside the order dated 27.01.2021 passed by the learned Sub-Divisional Magistrate, Garhwa in Misc. Case No. 92 of 2020 by which the learned Sub-Divisional Magistrate, Garhwa dismissed the application under Section 145 of the Code of Criminal Procedure basing upon the rights of the parties rather than the possession of the parties in respect of the disputed property.

Learned counsel for the petitioners submits that once the learned Sessions Judge, Garhwa has set aside the order passed by the learned Sub-Divisional Magistrate, Garhwa in the said case, the learned Sessions Judge, Garhwa ought to have directed the Sub-Divisional Magistrate, Garhwa to pass a fresh order in accordance with law but

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having not done so, the order of the learned Sessions Judge, Garhwa be modified to the aforesaid extent.

Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 to 14 submit that they have no objection to the prayer of the petitioners.

Considering the aforesaid facts of the case, the impugned order dated 06.06.2022 passed in Cr. Revision No. 42 of 2021 by the learned Sessions Judge, Garhwa is modified directing the learned SubDivisional Magistrate, Garhwa to pass a fresh order in the said Misc. Case No. 92 of 2020 in accordance with law.

Accordingly, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only.

(Anil Kumar Choudhary, J . )

High Court of Jharkhand, Ranchi Dated the 28^th of January, 2026 AFR/ Saroj

Uploaded on 29/01/2026

3 Cr. M.P. No.3318 of 2022

Jaishankar Prasad Gupta v. the State of Jharkhand