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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Bipin Kumar Shukla @ Bhavesh Kumar Shukla S/o Late Nageshwar Shukla – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for quashing the conditional order dated 18.01.2023 and consequently the final order dated 11.05.2023 passed in Misc. Case No. 04 of 2023 which is a proceeding under Section 133 Cr.P.C. whereby and where under, the learned Sub Divisional Magistrate, Dhalbhum, Jamshedpur directed the petitioner to remove the constructed wall by 19.05.2023 under Section 138 (2) of Code of Criminal Procedure as well as direction/prohibitory order under Section 143 of Code of Criminal Procedure directing the petitioner not to repeat the said action of construction of wall. Prayer has also been made to quash the order dated 24.05.2024 passed by the learned Additional Sessions Judge-V, East Singhbhum at Jamshedpur in Criminal Revision No. 156 of 2023 whereby and where under, the learned Additional Sessions Judge-V, East Singhbhum at Jamshedpur dismissed the Criminal Revision No. 156 of 2023 and affirmed the said final order dated 11.05.2023 passed by the learned Sub Divisional Magistrate, Dhalbhum, Jamshedpur.
3.
Constructing a wall on public land constitutes nuisance; summary proceedings under Section 133 Cr.P.C. require no formal notice for local investigations.
(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 ....
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....
Unlawful obstruction of public ways must be removed under Section 133 Cr.P.C., regardless of whether the obstruction is complete.
The main legal point established in the judgment is the strict interpretation and application of Section 133 of the Code of Criminal Procedure, emphasizing the need for eminent danger to the property....
Section 133 CrPC inapplicable to create passage on government playground absent proof of public way and hearing to owner; violates natural justice; civil suit appropriate remedy for passage rights.
Proceedings under Section 133 Cr.PC require evidence of public nuisance; private disputes cannot be adjudicated under this provision.
Petition under Section 482 CrPC cannot raise grounds available but omitted in prior revision against Section 147 proceedings directed by final revisional order.
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