Shri Mahmood Ansari vs The State Of Jharkhand And Anr
2022 Latest Caselaw 1906 Jhar

               IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 81 of 2022

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1.Shri Mahmood Ansari

2.Shri Sakil Ansari

3.Shri Gafar Ansari

4.Barasat Ansari @ Basarat Ansari

5.Amanat Ansari

6.Jibril Ansari @ Jibrel Ansari ..... Petitioners

-- Versus --

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

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Dilip Kumar Prasad, Advocate For the State :- Mrs. Priya Shrestha, Advocate

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3/10.05.2022 At the outset, the learned counsel appearing for the petitioners submits that he will array the informant as O.P.No.2 in this petition in course of the day.

Let him do so.

The learned counsel appearing for the petitioners submits that the petitioners are in possession of the alleged land for more than 40 years which is apparent from the order dated 30.08.2013 of the learned Additional Collector which is part and partial of the FIR and completely saddles the prosecution. He submits that the entire case is of civil in nature and the land dispute is there and for that FIR has been lodged and the cognizance has been taken under various sections of the I.P.C as well as SC/ST (Prevention of Atrocities) Act, 1989. He submits that the case of the petitioners is fully covered in view of the judgment of Hon'ble Supreme Court in the case of 'Hitesh Verma v. State of Uttarakhand,' (2020) 10 SCC 710'.

Let notice be issued upon the O.P.No.2 by registered post with A/d as well as under ordinary process for which requisites etc. must be filed within two weeks.

In the meantime, no coercive steps shall be taken against the petitioners in connection with SC/ST P.S.Case No.39 of 2021, pending in the court of learned AJC XI cum Spl.Judge SC/ST, Ranchi, till the next date.

Let it appear on 13.09.2022.

( Sanjay Kumar Dwivedi, J.)

SI/