Manzar Hussain vs The State Of Jharkhand And Others
2023 Latest Caselaw 1288 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 36 of 2023

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Manzar Hussain, aged about 40 years son of Makbul Ahmad, resident of Village Bodiya Basti Near SBI ATM, Kathara, P.O. Kathara, P.S. Bokaro Thermal, District -Bokaro .... Petitioner

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The State of Jharkhand and Others .... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Anupam Anand, Advocate For the State :- Mr. Deepankar Ray, Advocate

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4/23.03.2023 This petition has been filed for direction upon the concerned respondent to register the FIR pursuant to the letter dated 02.10.2022 by the petitioner written to the respondent no.3. Further prayer is made for investigation by the C.B.I.

It appears that a Title Suit No.19 of 2011 was decided by the judgment dated 23.09.2017 and the suit was decreed in favour of the petitioner. Three reports of the Nazir are on the record wherein it has been stated when he gone to execute the order of the court, respondent no.5 created obstruction and gathered local villagers and it is also stated that despite the best efforts by respondent no.3 the said execution could not be taken place and more police personnel were required. He further submits that the police officers are hand-in-gloves with the concerned person and the petitioner and his family members are being threatened and to fortify his argument, placed Annexure -11 series, which are the photographs obtained from the C.C.T.V.

In view of the above facts and considering that the decree is in favour of the petitioner. The petitioner is having the remedy by way of filing the appropriate petition before the learned court. The court is in seisin with the matter for execution. The petitioner may approach the leaned court. So far the threatening is concerned, the petitioner is at liberty to approach the Deputy Commissioner and the Superintendent of Police, Bokaro by way of filing a fresh representation who will look into the grievance of the petitioner and will take action in accordance with law.

With the above observation, the petition is disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/