Khurshid Khan vs State Of Jharkhand & Ors
2023 Latest Caselaw 3937 Jhar

              IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                   W.P.(Cr.) No. 775 of 2023
              Khurshid Khan                                 .....   ...    Petitioner
                                  Versus
      State of Jharkhand & Ors.                       ..... ...      Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. P.A.S. Pati, Advocate.

      For the State            :        Mr. Divyam, A.C. to S.C.-IV.
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03/ 12.10.2023 Mr. Pati, learned counsel appearing for the petitioner submits that the petitioner has purchased the land under R.S. Khata No. 57, Plot No. 432, area 09 decimals situated at village-Torar, P.S.-Senha, District-Lohardaga from one Bigan Ansari @ Bigan Miyan, who is accused No. 1. He submits that in the complaint, the complainant has stated that he is the rightful owner of the land. He further submits that the complainant has filed one partition suit, being Partition Suit No. 01 of 2013 before the learned court of Civil Judge (Sr. Div.)-II, Lohardaga for partition of the lands under Khata Nos. 56 to 59 of village-Torar. He further submits that in the said partition suit, the decree has been passed. He further submits that the petitioner is only the purchaser and the case of the petitioner is fully covered in the light of the judgment of the Hon'ble Supreme Court in the case of Md. Ibrahim & Ors. Versus State of Bihar & Anr., reported in (2009) 8 SCC 751.

2. Let notice be issued upon the respondent No. 4 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 14.12.2023.

4. No coercive steps shall be taken against the petitioner, in connection with Complaint Case No. 21 of 2022, pending in the court of learned Chief Judicial Magistrate, Lohardaga, till the next date of listing.

(Sanjay Kumar Dwivedi, J.) Amitesh/-