Brajesh Dwivedi @ Brajesh Dubey @ ... vs The State Of Jharkhand And Another
2023 Latest Caselaw 1861 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 431 of 2022

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Brajesh Dwivedi @ Brajesh Dubey @ Brajesh Kumar Dwivedi .... Petitioner

-- Versus --

The State of Jharkhand and Another .... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. V.K.Tiwary, Advocate For the State :- Mr. Gaurang Jajodia, Advocate

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7/01.05.2023 The learned counsel for the petitioner submits that the

entire allegation relates to civil dispute whereby the petitioner preferred

title suit before the Sub Judge, Garhwa which was numbered as Title Suit

No.105 of 2010 wherein the complainant was one of the defendants and

the said title suit was decreed in favour of the petitioner. The learned trial

court has rejected the discharge petition filed by the petitioner which was

affirmed by the learned revision court. He submits that the petitioner has

filed the judgment and decree passed in Title Suit No.105 of 2010 and as

a counter blast of the title suit, the complaint case has been filed. He

submits that police has submitted final form and the dispute is of civil in

nature, however, on protest petition, the learned court has taken

cognizance and the discharge petition has been rejected which has been

affirmed by the learned revision court.

2. Issue notice upon the respondent no.2 by registered post

with A/d as well as under ordinary process for which requisites etc. must

be filed within a week.

3. There shall be stay of further proceeding in connection with

Complaint Case No.656 of 2015, pending in the court of learned Judicial

Magistrate, Garhwa till the next date.

4. Let it appear on 05.07.2023.

( Sanjay Kumar Dwivedi, J.)

SI/