Sidhi Nath Pandey @ vs The State Of Jharkhand
2023 Latest Caselaw 3920 Jhar

              IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P.(Cr.) No. 786 of 2023
      1. Sidhi Nath Pandey @
         Sidhnath Pandey @ Siddhinath Pandey
      2. Satyendra Narayan Pandey
        @ Satendra Narayan Pandey                    ..... ... Petitioners
                                   Versus
      1. The State of Jharkhand.
      2. Ram Pyari Paswan                            ..... ...       Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Anand Kumar Pandey, Advocate. For the State : Mr. Deepankar, A.C. to G.A.-III.

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03/ 12.10.2023 Learned counsel appearing for the petitioners submits that there is land dispute between the petitioners and the informant for that a title suit, being Title Suit No. 45 of 1997 was instituted by the petitioner No. 1 and that was decreed in favour of the petitioners by judgment dated 03.02.2009. He submits that the respondent No. 2 did not prefer any appeal against the said judgment, however, some defendants of the case have preferred an appeal, which was also dismissed and thereafter some defendants have preferred second appeal being S.A. No. 157 of 2020 and the same was also dismissed by order dated 27.02.2023. Learned counsel on these grounds, submits that the case under the provisions of SC/ST (POA) Act has maliciously been filed. He further submits that the case of the petitioner is fully covered in the light of the judgment of the Hon'ble Supreme Court in the case of Hitesh Verma Versus State of Uttrakhand and Anr.", reported in (2020) 10 SCC 710.

2. Let notice be issued upon the respondent No. 2 under registered cover with A/D as well as by ordinary process, for which, requisites etc. must be filed within two weeks.

3. Let this matter appear on 13.12.2023.

4. In the meantime, Mr. Deepankar, learned counsel appearing for the State shall take instruction and file counter affidavit in the matter.

5. No coercive steps shall be taken against the petitioner, in connection with Pandu P.S. Case No. 32 of 2023, pending in the court of learned Special Judge (SC/ST)-cum-learned Additional Sessions Judge-I, Palamau at Daltonganj, till the next date of listing.

(Sanjay Kumar Dwivedi, J.) Amitesh/-