Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Nitai Mandal @ Nitai Chandra Mandal – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. procedural history of right-of-way dispute under sections 133/147 crpc. (Para 2 , 3 , 4) |
| 2. s.147 initiation requires breach-of-peace finding and recent right exercise. (Para 5 , 6) |
| 3. unchallenged prior orders attain finality barring collateral attack. (Para 7) |
| 4. mandatory written satisfaction of land-use dispute causing breach risk. (Para 8) |
| 5. revisional order finality binds magistrate; initiation unchallenged. (Para 9 , 10) |
| 6. new grounds omitted in revision not raisable in later petition. (Para 11 , 12) |
| 7. no merit; s.482 petition dismissed. (Para 13) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the order dated 12.09.2022 passed by the Sub-Divisional Magistrate, Rajmahal in Cr. Misc. Case No.562 of 2022 as well as the order dated 04.08.2023 passed by the learned Additional Sessions Judge-I, Rajmahal in Criminal Revision No.102 of 2022 whereby and whereunder the learned Additional Sessions Judge-I, Rajmahal has upheld the order dated 17.11.2022 passed by the learned Sub-Divis
Petition under Section 482 CrPC cannot raise grounds available but omitted in prior revision against Section 147 proceedings directed by final revisional order.
(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....
Constructing a wall on public land constitutes nuisance; summary proceedings under Section 133 Cr.P.C. require no formal notice for local investigations.
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 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....
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
