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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Pramila Kumari W/o Jai Nandan Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Heard learned counsel for the petitioners and learned APP appearing for the State. However, in spite of valid service of notice and after filing of Vakalatnama on behalf of opposite party nos. 2 to 7, none appears on their behalf.
2. The petitioners have challenged the order dated 04.08.2017 passed under Section 144 of the Cr.P.C. by learned Sub-Divisional Magistrate, Ramgarh in Case No. 92 of 2017 and present Cr.M.P. was filed on 30.10.2017.
3. Learned counsel for the petitioners has submitted that in the impugned judgment, there is some observation regarding right, title and interest of opposite party nos. 2 to 7 and the learned Sub-Divisional Magistrate is not entitled to touch the question of title in a proceeding under Section 144 of the Cr.P.C. and the observation recorded by the learned Sub-Divisional Magistrate, Ramgarh is liable to be set aside.
4. On the other hand, learned APP opposed the contentions raised on behalf of the petitioners and submitted that the impugned order itself has lost its effect by efflux of time as contained under Section 144 (4) of the Cr.P.C. and is not binding upon either of the parties for any purpose whatsoever. Therefore, impugned order
A Sub-Divisional Magistrate cannot adjudicate on title issues in proceedings under Section 144 of the Cr.P.C., and such orders become infructuous over time.
The main legal point established in the judgment is the interpretation and application of Section 144 Cr.P.C. in the context of the impugned order and the subsequent legal proceedings.
The main legal point established is that in a proceeding under Section 145 of Cr.P.C., the question of possession has to be decided solely, without the need for discussion of title or related documen....
The central legal point established in the judgment is the requirement to follow the proper procedure under Section 145 of Cr.P.C. when passing an injunction order.
The main legal point established in the judgment is that in cases where civil suits are pending, a Magistrate should refrain from making observations or findings regarding possession and issuing inte....
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