Mrs. Anamika Gautam vs The State Of Jharkhand And Others
2021 Latest Caselaw 2079 Jhar

                IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 281 of 2021

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       Mrs. Anamika Gautam                               ..... Petitioner
                                --   Versus        --
       The State of Jharkhand and Others                 ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. R.S. Mazumdar, Sr. Advocate Mr. Prashant Pallav, Advocate Mr. Parth Jalan, Advocate For the State :- Mrs. Niki Sinha, Spl.PP

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5/28.06.2021 Heard Mr. R.S. Mazumdar, the learned Senior counsel appearing on behalf of the petitioner and Mrs. Niki Sinha, the learned counsel appearing on behalf of the State.

This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

This petition has been filed for quashing the First Information Report registered as Town Deoghar P.S.Case No.42 of 2021.

Mr. Mazumdar, the learned Senior counsel appearing on behalf of the petitioner submits that for the same plot situated at Mouza- Shyamganj, No.413, Daag No.TPP/240, having Jamabandi No.13/3392, admeasuring an area of 1 Bigha, 2 Khathas and 11 Dhurs, earlier two FIRs were filed which was the subject matter in Cr.M.P.No.1865 of 2021 and Cr.M.P.No.1864 of 2021 which have been adjudicated by this Court and allowed by way of quashing the FIR. He submits that for the same land again this FIR has been filed on the ground that Deputy Commissioner has cancelled the registered deed and there is no further allegation appeared from that cancellation order by the Deputy Commissioner. He submits that Deputy Commissioner is not competent authority to cancel the registration in view of the judgment of the Hon'ble Supreme Court as well as this Court whereby it has been decided to be resorted to only by way of filing civil suit.

Mrs. Niki Sinha, the learned counsel appearing on behalf of the Opposite Party nos. 1 to 3 is directed to file counter affidavit within six weeks.

As requested by the learned counsel for the State, post this matter on 08.09.2021.

Till the next date, there shall be stay of further investigation and arrest of the petitioner in view of the fact that earlier on two occasions for the same cause of action two FIRs have been filed that has been quashed by this Court.

( Sanjay Kumar Dwivedi, J) SI/