Bartu Mahto vs The State Of Jharkhand
2025 Latest Caselaw 1079 Jhar

Jharkhand High Court

Bartu Mahto vs The State Of Jharkhand on 22 July, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                            2025:JHHC:20089


              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P.(Criminal) No.1124 of 2023
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    Bartu Mahto, S/o late Dinu Mahto.                    ... ... Petitioner
                                    Versus
    1. The State of Jharkhand.
    2. Home, Prison & Disaster Management Department, Govt. of
        Jharkhand, through its Secretary, having office at Project
        Building, P.O. & P.S. Dhurwa, District Ranchi.
    3. Deputy Commissioner, Bokaro, P.O., P.S. & District Bokaro.
    4. Additional Collector, Bokaro, P.O., P.S. & District Bokaro.
    5. S.D.O., Bermo Sub Division, P.O. & P.S. Tenughat, District
        Bokaro.
    6. Circle Officer, Peterwar, P.O. & P.S. Peterwar, District Bokaro.
    7. Superintendent of Police, Bokaro, P.O., P.S. & District Bokaro.
    8. Sub Divisional Police Officer, Bermo, P.O. & P.S. Tenughat,
        District Bokaro.
    9. Officer Incharge, Peterwar Police Station, P.O. & P.S. Peterwar,
        District Bokaro.
    10. Moti Lal Mahto, S/o late Manu Ram Mahto.
    11. Kamal Nath Mahto, S/o late Jagdish Mahto.
                                                    ... ... Respondents
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                      CORAM : SRI ANANDA SEN, J.

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For the Petitioner : Mr. Atanu Banerjee, Advocate Ms. Sugandha Khalkho, Advocate For the Respondents : Mr. Manoj Kumar, GA-III Mr. Aditya Raman, AC to GA-III Mr. Rakesh Kr. Roy, AC to GA-III Mr. Ashutosh Ranjan Kumar, Advocate Ms. Shruti Shrestha, Advocate

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10/ 22.07.2025

Heard the parties.

2. Mr. Atanu Banerjee, learned counsel representing the

petitioner, at the very outset submits that in this case charge-sheet

has already been filed in Peterwar P.S. Case No.139 of 2023, thus,

one of the grievances of the petitioner has been redressed. He

submits that the petitioner may be given liberty to take recourse

of law at an appropriate stage of trial, as some of the persons

according to him has not been charge sheeted. He further submits

that time and again for the same piece of land, proceedings under

2025:JHHC:20089

Section 144 Cr.P.C. have been initiated repeatedly, which need to

be stopped.

3. So far as other grievances are concerned, I find that

the proceeding under Section 144 Cr.P.C. has been initiated in

respect of the same land dispute. So far as the grievance against

initiation of repeated proceeding under Section 144 Cr.P.C., is

concerned, this Court cannot pass a perpetual order injucting

anyone from filing proceeding under Section 144 Cr.P.C.

4. The petitioner is at liberty to appear before the Sub

Divisional Officer.

5. If any application under Section 144 Cr.P.C. is filed by

any person in respect of same piece of land, which is covered by

any decree of the Civil Court, the Sub Divisional Officer will

consider the judgment of the Civil Court and will pass appropriate

order.

6. With the aforesaid observation, this Criminal Writ

Petition stands disposed of.

(ANANDA SEN, J.)

Prashant.Cp-3