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2023 Supreme(Jhk) 210

SANJAY KUMAR DWIVEDI
Shyamnandan Prasad – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jitendra S. Singh, Mr. Randhir Kumar, Advocate
For the Respondent:Mr. Mohammad Asghar, Mr. Saket Upadhyay, Ms. Sweta Rani, Mr. R.S. Mazumdar, Sr. Advocate, Mr. Nishant Kr. Roy, Advocate

JUDGMENT :

Heard Mr. Jitendra S. Singh, learned counsel for the petitioner, Mr. Mohammad Asghar, learned counsel for the State, Mr. Saket Upadhyay, learned counsel for the respondent no. 3 and Mr. R.S. Mazumdar, learned senior counsel assisted by Mr. Nishant Kr. Roy, learned counsel for the respondent no.4.

2. This petition has been filed for quashing the entire proceeding of Case No. M-2122 of 2022 as against the petitioner including the order dated 15.10.2022 (Annexure-10) whereby the respondent no. 2-the Sub-Divisional Magistrate, Sadar, Ranchi passed the order under section 144 of Cr.P.C. restraining the petitioner from going over the land in dispute.

3. By order dated 24.02.2023 the Co-ordinate Bench of this Court has been pleased to stay the order dated 15.10.2022 passed in Case No. M- 2122 of 2022 and order was passed that any further proceeding in Case No. M- 2122 of 2022 shall not be taken out.

4. The Record of Case No. M-2122 of 2022 was called for and respondent nos. 3 and 4 were noticed. Pursuant thereto respondent nos. 3 and 4 have appeared and filed their counter-affidavit.

5. Mr. Jitendra S. Singh, learned counsel for the petitioner submits that the land in dispute upon w

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