Shankar Mukhi vs The State Of Jharkhand And Another
2022 Latest Caselaw 2340 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1049 of 2015

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Shankar Mukhi, son of late Krishna Mukhi, resident of Ghasi Para Bara Gamharia P.O. Gamharia P.S.Adityapur, District Seraikella Kharswan.

..... Petitioner

-- Versus --

The State of Jharkhand and Another ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. R.C.P.Sah, Advocate For the State :- Mr. Jitendra Pandey, Advocate

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7/29.06.2022 This petition has been filed for quashing the order dated 31.07.2013 passed in Misc. Case No.44 of 2013, passed by the learned S.D.M., Seraikella whereby the learned S.D.M. has converted the proceedings of section 144 Cr.PC into section 145 Cr.PC with respect to plot No.933, area 0.04 decimals of Khata No.218 of Mouza Bara Gamharia, Thana No.66.

Mr. Sah, the learned counsel for the petitioner submits that by way of cryptic order the learned court has converted the proceeding under section 145 Cr.PC.

The learned counsel for the respondent State submits that there is no illegality in the order.

In paragraph no.2 it has been disclosed that the petitioner has moved before the revisional court by way of filing Cr.Rev.No.3/2009 against the order dated 31.07.2013 which was dismissed by the learned Additional Sessions Judge-II, Seraikella and the said order is not under challenge in this petition. If the petitioner was aggrieved with the revisional order it was incumbent upon the petitioner to challenge the said order. It is settled provision of law that in the garb of second revision a petition under section 482 Cr.PC is not attracted. Moreover, the judgment relied by Mr. Sah, the learned counsel appearing for the petitioner in the case of "Anandi Singh vs. Upendra Singh and Ors." reported in 2010 1 JCR 632 (HC) is not helping the petitioner as looking to the order of the learned S.D.M., Seraikella under section 144 Cr.P.C., this petition is accordingly dismissed.

( Sanjay Kumar Dwivedi, J.)

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