Lalan Choudhary vs The State Of Jharkhand
2024 Latest Caselaw 10527 Jhar

Jharkhand High Court

Lalan Choudhary vs The State Of Jharkhand on 19 November, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (SJ) No. 726 of 2024
            1.   Lalan Choudhary, aged about 40 years, son of Ganesh Choudhary
            2.   Shri Choudhary @ Shri Prasad Choudhary, aged about 37 years, son of
                 Late Kuldeep Choudhary
            3.   Ashish Choudhary @ Ashish Kumar, aged about 20 years, son of
                 Pawan Choudhary
                 All resident of Village Shaharpura, P.O. Arkhango, P.S. Dhanwar,
                 District- Giridih                                 ... Appellants
                                        -Versus-
            1.   The State of Jharkhand
            2.   Damodar Ravidas, son of Late Kali Ravidas, resident of Village
                 Shaharpura, P.O. Arkhango, P.S. Dhanwar, District- Giridih
                                                                    ... Respondents
                                             -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellants : Mr. Vijay Kumar Roy, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P.

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04/19.11.2024 Learned counsel for the appellants submits that the issue in question

is with regard to Khata No.15, Plot No.308 and for that the allegations are

made. He submits that the appellants are in possession of the said plot. To

buttress this argument, he refers to Annexure-2, which is the rent receipt

issued in favour of the appellants' family. He submits that in view of that,

the case of the appellants is covered in light of the judgment passed by the

Hon'ble Supreme Court in the case of Hitesh Verma v. State of

Uttarakhand, reported in (2020) 10 SCC 710.

2. Issue notice upon respondent no.2.

3. Learned counsel for the State submits that notice upon respondent

no.2 has already been effected by the Officer-in-Charge of the concerned

police station and he seeks a week's time to file an affidavit to that effect.

-1- Cr. Appeal (SJ) No. 726 of 2024

4. In view of the submission of the learned counsel for the State and

with a view to provide one more opportunity to respondent no.2 and to file

an affidavit on behalf of the State, the matter is being adjourned. Let this

matter appear on 13.01.2025.

5. Till the next date, no coercive steps shall be taken against the

appellants in connection with SC/ST P.S. Case No.12/2023, pending in the

Court of the learned Special Judge, SC/ST Act, Giridih.

                                                   (Sanjay Kumar Dwivedi, J.)
Ajay/




                                           -2-                    Cr. Appeal (SJ) No. 726 of 2024