Amit Kumar Sarawgi @ Amit Sarawgi vs The State Of Jharkhand
2024 Latest Caselaw 10433 Jhar

Jharkhand High Court

Amit Kumar Sarawgi @ Amit Sarawgi vs The State Of Jharkhand on 14 November, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P.(Cr.) No. 899 of 2024
      Amit Kumar Sarawgi @ Amit Sarawgi, aged about
      47 yrs. S/o Late Ashok Sarawgi, R/o Sarawgi
      Sadan, Dhariadih Road, Whitty Bazar, P.S., Giridih
      (T), P.O. & Dist. Giridih.
                                                        ..... ... Petitioner
                                    Versus
      1. The State of Jharkhand.
      2. Daulat Ram Jain, S/o Late Panna Lal Jain, R/o
      33 Shakespeare Sarani, P.O. & P.S. Shakespeare
      Sarani, Dist. Kolkata (W.B.).
                                                       ..... ...      Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Shailesh Kumar Singh, Advocate. For the State : Ms. Sunita Kumari, A.C. to Sr.S.C.-II.

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02/ 14.11.2024 Learned counsel appearing for the petitioner submits that the property in question was the subject matter before this court in W.P.(C) No. 5168 of 2023, which was disposed of on 30.11.2023 with the observation that whosoever is in possession of the two properties, shall not be dispossessed from the same without adhering to the due process of law. He submits that against the said order, LPA was also preferred by the respondent No. 2, which was disposed of, however, observation was made that the observations made in the judgment of the writ court will not prejudice to either of the parties. He further submits that thereafter the present complaint case has been filed by the respondent No. 2 in absence of any affidavit and the learned court has sent the said complaint under Section 156(3) of the Cr.P.C. for registration of the FIR. He then submits that the property in question is also the subject matter before the NCLT.

2. Let notice be issued to the respondent No. 2 through registered cover with A/D as also by ordinary process, for which, requisites etc. must be filed within one week.

3. Learned counsel appearing for the State shall also take instruction and file counter affidavit in the matter within four weeks.

4. Let this matter appear on 30.01.2025.

5. No coercive steps shall be taken against the petitioner, in connection with Giridih Sadar Muffasil P.S. Case No. 393 of 2023, pending in the court of learned SDJM, Giridih, till the next date of listing.

(Sanjay Kumar Dwivedi, J.) Amitesh/-