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ANIL KUMAR CHOUDHARY
Rajesh Kumar Kushwaha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
I.A. No. 15346 of 2025
Heard the parties.
2. This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition.
3. Since, hearing of this criminal miscellaneous petition is taken up today, hence, this interlocutory application is disposed of being infructuous.
Anil Kumar Choudhary, J.—
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the order dated 03.06.2024, passed in Criminal Revision No. 73 of 2023 by the learned Sessions Judge, Garhwa whereby and where under the learned Sessions Judge has dismissed the Criminal Revision filed against the order dated 21.08.2023, passed by the learned Sub Divisional Magistrate, Garhwa in Misc. Case No. 355 of 2020. Prayer has also been made to quash the order dated 21.08. 2023, passed by the learned Sub Divisional Magistrate, Garhwa in Misc. Case No. 355 of 2020 in exercise of the power under section 147 Cr.P.C. by which direction has been given to the petitioner to remove the wall which is 112 feet long and 5 feet wide on Khata No. 27, Plot No. 1229
(1) Dispute over right to use pathway likely to cause breach of peace – Power under Section 147 Cr.P.C. cannot be exercised by any Executive Magistrate or Sub-Divisional Magistrate if obstruction is ....
A set-aside order has no legal standing and cannot be used as the basis for subsequent actions; the Magistrate's jurisdiction under Section 147 of the Cr.P.C. is limited to maintaining temporary peac....
Constructing a wall on public land constitutes nuisance; summary proceedings under Section 133 Cr.P.C. require no formal notice for local investigations.
Petition under Section 482 CrPC cannot raise grounds available but omitted in prior revision against Section 147 proceedings directed by final revisional order.
Under Section 147 CrPC, Magistrate must record satisfaction of breach of peace likelihood and three-month right exercise; failure invalidates order, irrespective of superior court directions for fres....
The main legal point established in the judgment is that the jurisdiction under Section 147 Cr.P.C. is intended to maintain public order and peace, and the orders passed by the Executive Magistrate a....
Unlawful obstruction of public ways must be removed under Section 133 Cr.P.C., regardless of whether the obstruction is complete.
Section 133 CrPC inapplicable to create passage on government playground absent proof of public way and hearing to owner; violates natural justice; civil suit appropriate remedy for passage rights.
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