Raju Bodra vs The State Of Jharkhand
2023 Latest Caselaw 2473 Jhar

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr). No. 423 of 2023

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      Raju Bodra                                     ..... Petitioner
                                  --   Versus   --

      1.The State of Jharkhand

2.The Secretary, Department of Home Affairs, Govt. of Jharkhand, Ranchi

3. Director General of Police, Govt. of Jharkhand, Ranchi

4. Deputy Commissioner, Giridih

5. Sub-Divisional Officer, Sadar Giridih

6. Superintendent of Police, Giridih

7. Officer-in-Charge Pachamba Police Station, Giridih

8. Prabha Toppa ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Mahesh Kumar Sinha (2) Advocate For the State :- Mr. Abhinay Kumar, A.C. to G.A.-I

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04/31.07.2023 Heard Mr. Mahesh Kumar Sinha (2), the learned counsel

appearing on behalf of the petitioner and Mr. Abhinay Kumar, learned

counsel for the State.

2. This petition has been filed for direction upon the

respondent particularly respondent nos. 6 and 7 for strict compliance of

the judgment dated 12.09.2012 passed in Cr. Appeal No. 25 of 2012 by

the Principal Sessions Judge, Giridih as well as order dated 31.01.2013

passed in Cr. Revision No. 871 of 2012 and get forthwith vacated the

house premises of the petitioner situated at village Dandiyadih, Plot No.

50, Khata No. 6, Thana No. 91, Thana Pachamba, District-Giridih.

3. Learned counsel for the petitioner submits that the

petitioner is facing trial before the learned Magistrate, Ranchi which is

registered under section 498A I.P.C. and other sections of I.P.C. He

submits that the wife of the petitioner is residing in the said house with

other person and the petitioner is not being allowed to enter into the

house. He submits that appropriate order may be passed.

4. It appears that there are case and counter-case between

the parties. The petitioner is facing trial and the case is also pending

before the Court of learned S.D.J.M., Giridih under the Domestic Violence

Act. As the said case is pending before the competent court, the prayer

of the petitioner can be considered by the court where the matter is

pending.

5. The petitioner is having alternative remedy. If law and

order situation is there, that is within the domain of district

administration. No relief can be extended to the petitioner. Accordingly,

this petition is dismissed. The petitioner may avail alternative remedy

before the learned court where case is pending.

( Sanjay Kumar Dwivedi, J.)

satyarthi