Citation : 2022 Latest Caselaw 3329 Jhar
Judgement Date : 23 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2156 of 2022
1. Anil Kumar Sinha
2. Sanjay Kumar Sinha
3. Santosh Kumar Sinha ..... ... Petitioners
Versus
1. The State of Jharkhand.
2. Mosomat Fulwa Devi ..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. P.P.N. Roy, Sr. Advocate.
: Mr. Rajeev Kumar Sinha, Advocat.
: Mr. Vishnu Kumar Mahto, Advocate
For the State : Mrs. Vandana Bharti, A.P.P.
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04/ 23.08.2022 Learned senior counsel appearing for the petitioners submits that the complaint case has been filed by the O.P. No. 2, which was referred by the learned court under Section 156(3) Cr.P.C. for registering the FIR and investigation. He submits that the police, after investigation, submitted the final form, wherein the petitioners have not been sent up for trial, however, on the protest petition, the learned court has taken the cognizance. He further submits that there is land dispute between the parties and also for cancellation of the jamabandi of the petitioner, the O.P. No. 2 has filed a case before the LRDC and the said case has been dismissed by the LRDC. He also submits that this case is fully covered in the light of the judgment of the Hon'ble Supreme Court in the case of Hitesh Verma Versus State of Uttarakhand, reported in (2020) 10 SCC
710. Let notice be issued upon the O.P. No. 2 under registered cover with A/D as well as by ordinary process, for which, requisites etc. must be filed within two weeks.
No coercive steps shall be taken against the petitioners, in connection with SC/ST Case No. 141 of 2018 (arising out of Protest Complaint Case No. 141 of 2018), pending in the court of learned ADJ- VI-cum-Spl. Judge SC/ST, Hazaribag, till the next date of listing.
Let this matter appear on 06.12.2022.
(Sanjay Kumar Dwivedi, J.) Amitesh/-
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