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2020 Supreme(Jhk) 758
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Sanjay Sonar, son of Ram Padu Sonar - Petitioner
Versus
The State of Jharkhand through its Chief Secretary, Ranchi - Respondents
W.P.(C) No. 3551 of 2014
Decided On : 13-02-2020
For the Petitioner:Mr. A.K. Sahani, Advocate, Mr. Ajit Kumar, Advocate
For the Respondent-State:Navneet Toppo (A.C to G.A.-II), Mr. K.S. Nanda, Advocate
The central legal point established is the limited duration of the force of an order under section 144 of the Cr.P.C, which remains in force for 60 days only.
Headnote:
144 Cr.P.C - Jurisdiction of Circle Officer - The court dismissed the writ petition challenging an order passed by the Circle Officer, stating that the order was passed on the strength of section 144 of the Cr.P.C, which provides that it remains in force for 60 days only.
Fact of the Case:
The petitioner challenged an order passed by the Circle Officer, claiming lack of jurisdiction and eviction without proper authority.
Finding of the Court:
The court found that the order was passed on the strength of section 144 of the Cr.P.C and dismissed the writ petition as infructuous.
Issues: Jurisdiction of the Circle Officer, validity of the order under section 144 of the Cr.P.C.
Ratio Decidendi: The court's decision was influenced by the interpretation of section 144 of the Cr.P.C, which provides that the order remains in force for 60 days only.
Final Decision: The writ petition was dismissed as infructuous, considering the order was passed on the strength of section 144 of the Cr.P.C.
JUDGMENT :
Heard Mr. Ajit Kumar, learned counsel for the petitioner and Mr. Navneet Toppo, learned A.C. to G.A.-II for the respondent- State, Mr. K.S. Nanda, learned counsel for the Respondent No. 4.
2. Mr. Ajit Kumar, learned counsel for the petitioner submits that the petitioner has challenged order dated 25.06.2014 passed by the Circle Officer. He further submits that without having any jurisdiction the Circle Officer passed order to evict the petitioner. He further submits that this order has been passed on the strength of section 144 of the Cr.P.C order.
3. On the other hand, Mr. K.S. Nanda, learned counsel for the private respondent as well as Mr. Navneet Toppo learned counsel for the respondent-State submits that this order has been passed only on the strength of 144 Cr.P.C. He submits that the force of that order under section 144 Cr.P.C is only for 60 days. In view of the matter, order of the Circle Officer has got no force.
4. This Court finds force in the submission of learned counsel for the respondents. Accordingly, this writ petition is dismissed as infructuous considering the fact that Circle Officer has exercised power on the strength of 144 Cr.P.C order passed by the competent court and as the mandate of section 144 Cr.P.C provides that it remains in force for 60 days only, thus order of the Circle Officer has no force.
