Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Indresh Ojha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer to quash the order dated 10.05.2023 passed in Miscellaneous Case No.767 of 2013 by the respondent No.4 whereby and where under the respondent No.4 directed the petitioners to remove the obstruction/boundary wall within a period of 15 days from the piece of land appertaining to plot Nos.1371 and 1372 under Khata No.141 situated at village Lalgarh, P.S.-Bishrampur, District-Palamu.
3. The brief fact of the case is that on the basis of the application submitted by the first party, Miscellaneous Case No.767 of 2013 in the court of Executive Magistrate, Sadar, Medininagar was registered under Section 147 of the Cr.P.C. It was contended by the first party to the said proceeding who are the respondent Nos.5 to 7 of this Writ Petition (Cr.) that a public road exists on the disputed land which was used by the members of the first party to the said proceeding which has been blocked by the members of the second party of that proceeding, who are the writ petitioners herein, by constructing a wall over the same. The Executive Magistrate ma
A set-aside order has no legal standing and cannot be used as the basis for subsequent actions; the Magistrate's jurisdiction under Section 147 of the Cr.P.C. is limited to maintaining temporary peac....
(1) Dispute over right to use pathway likely to cause breach of peace – Power under Section 147 Cr.P.C. cannot be exercised by any Executive Magistrate or Sub-Divisional Magistrate if obstruction is ....
Petition under Section 482 CrPC cannot raise grounds available but omitted in prior revision against Section 147 proceedings directed by final revisional order.
Constructing a wall on public land constitutes nuisance; summary proceedings under Section 133 Cr.P.C. require no formal notice for local investigations.
The main legal point established in the judgment is that the jurisdiction under Section 147 Cr.P.C. is intended to maintain public order and peace, and the orders passed by the Executive Magistrate a....
Under Section 147 CrPC, Magistrate must record satisfaction of breach of peace likelihood and three-month right exercise; failure invalidates order, irrespective of superior court directions for fres....
The main legal point established in the judgment is the importance of following the prescribed legal procedures under Section 133, Section 137, and Section 138 of the Cr.P.C. in cases involving publi....
The court upheld the Executive Magistrate's jurisdiction under Section 147 Cr.P.C. to maintain public order without adjudicating property title amid pending civil litigation.
Unlawful obstruction of public ways must be removed under Section 133 Cr.P.C., regardless of whether the obstruction is complete.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
