Jharkhand High Court
Md. Jalil Aged About 65 Years vs The State Of Jharkhand on 29 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P. (Cr.) No. 834 of 2024
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Md. Jalil aged about 65 years, S/o Late Md. Samsudding R/o Shefa
Bhawan, Canary Hill Road, P.O. - Hazaribagh, PS - Korra, District -
Hazaribagh, Jharkhand .... Petitioner
-- Versus --
1. The State of Jharkhand
2. Superintendent of Police, Hazaribagh Office at Hazaribagh PO -
GPO, PS - Hazaribagh Sadar, District - Hazaribagh, Jharkhand
3. Officer In-charge, Korrah PS, PO and PS - Korrah, District -
Hazaribagh, Jharkhand
4. DIG North Chhotanagpur, Hazaribagh having its office at
Hazaribagh PO and PS Hazaribagh District - Hazaribagh Jharkhand
5. Rajdev Mehta S/o Late Ganpat resident of Lutia Colony PO and
PS - District - Hazaribagh, Jharkhand
6. Basant Singh
7. Namo Narayan Singh
Respondent No.6 and 7 are S/o Horil Singh resident of Ashok Nagar,
Canary Hill, PO and PS - Korrah District - Hazaribagh Jharkhand
8. Shankar Mahato @ Mehta S/o Late Kali Mahato resident of
Indrapuri Chowk, Raj Bangla PO Sadar PS - Lohsinghna District -
Hazaribagh
9. Ganesh Mahato S/o Birbal Mahato resident of Shriram Colony -
Dipugarha PO and PS - Korrah District - Hazaribagh
10. Pradeep Mahato S/o Tilak Mahato resident of Dipugarha PO and
PS - Korrah District - Hazaribagh
11. Dilip Mahato S/o Late Jailal Mahato resident of Dipugarha PO
and PS - Korrah District - Hazaribagh
12. Bharat Singh S/o Yogal Singh resident of Ashok Nagar, Canary
Hill Road, PO and PS - Korrah District - Hazaribagh
13. Dashrath Mahato S/o Late Mahavir Mahato PO and PS - Korrah
District - Hazaribagh .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
--1-- W.P. (Cr.) No. 834 of 2024
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For the Petitioner :- Mr. Shadab Eqbal, Advocate
For the State :- Mrs. Moushmi Chatterjee, Advocate
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02/29.10.2024 Heard learned counsel appearing for the petitioner and learned
counsel appearing for the respondent State.
2. The prayer in the writ petition is made for direction upon the
respondent No.3 to register the FIR in light of judgment of Hon'ble
Supreme Court in the case of Lalita Kumari versus the Government
of Uttar Pradesh and others reported in (2014) 2 SCC 1.
3. Looking into the contents of the FIR, it transpires that there is
some dispute with regard to the land and for that the said FIR is sought
to be registered.
4. In view of that even if the FIR is not registered the petitioner is
having the alternative remedy and that aspect has been considered in
the judgment of Hon'ble Supreme Court in the case of Sakiri Vasu
versus State of U.P. and Others reported in (2008) 2 SCC 409
and that case is again reiterated recently by Hon'ble Supreme Court in
the case of M. Subramaniam and Another versus S. Janaki and
Another reported in (2020) 16 SCC 728, as such this petition is
being disposed of with liberty to the petitioner to avail the alternative
remedy.
(Sanjay Kumar Dwivedi, J.)
Sangam/
--2-- W.P. (Cr.) No. 834 of 2024
