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2005 Supreme(Jhk) 243

DILIP KUMAR SINHA
Dinesh Prasad Sahu – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Yadu Nandan Mishra, Adv.
For Respondents/Defendant: A.P.P.

JUDGMENT

D.K. Sinha, J.

1. The petitioners have preferred this petition under Section 482, Cr PC for the quashing of 2nd and 3rd part of the order impugned passed by the O.P. No. 2, S.D.M., Simdega on 13.4.2004 in a proceeding under Section 144, Cr PC in a case No. M-11/2004 whereby and where-under it is alleged that though the proceeding was dropped against the petitioner initiated under Section 144, Cr PC in the first part of the impugned order but in the 2nd part it was directed to the Circle Officer, Kolebira as well as the Officer-in-Charge of Kolebira Police Station to ensure that no construction be made on the said land. By the impugned order the Circle Officer was further directed that after assessment of the valuation of the land in question as well as ascertaining the status of the land inform for further initiation of further proceeding under Section 144. Cr PC.

2. Learned counsel for the petitioner submitted that the provision under Section 144. Cr PC empowers a Magistrate to issue order in urgent cases of nuisance or apprehended danger by directing the certain person or persons to abstain from a certain act or to take certain order with respect to certain property in his







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