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2020 Supreme(Jhk) 399

RAJESH SHANKAR
S. R. P. Oil Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Indrajit Sinha.
For the Respondent: Mrs. Darshana Poddar Mishra.

ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the order as contained in memo no. 705/GO dated 26th April, 2020 passed by the Sub-Divisional Magistrate, Dhalbhum, Jamshedpur-respondent no. 2 with a further direction to the respondents to remove the seal from “The Alcor Hotel” situated at Holding No. 4, Ramdas Bhatta, opposite Indian Oil Petrol Pump, Bistupur, Jamshedpur, District East Singhbhum (hereinafter to be referred as ‘the said premises’).

3. The factual background of the case as stated in the writ petition is that the petitioner owns the Hotel Alcor, which provides facilities such as restaurants, bar, spa etc. On 25th April, 2020, a first information report being Bistupur P.S. Case No. 87 of 2020 was registered under Sections 188, 269 and 270 of the Indian Penal Code; Section 54 of the Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897, alleging that during the lockdown period, a raid was conducted on 25th April, 2020 in the Hotel Alcor wherein it was found that the spa was opened and few people including two girls were present in the conference hall, adjoining the spa. Seeing th

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