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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Nitai Mandal @ Nitai Chandra Mandal – Appellant
Versus
State of Jharkhand – Respondent
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-Divisional Magistrate, Rajmahal in Cr. Misc. Case No.562 of 2022 whereby in exercise of the power under section 147 of CrPC, the obstruction caused by a wall and a tanti constructed thereon over a 10 ft. wide road was directed to be removed.
3. The brief fact of the case is that the Sub-Divisional Magistrate, Rajmahal in Cr. Misc. Case No.284 of 2021 first exercised the power under Section 133 of Cr.P.C. while the case was filed for right of way under Section 147 of Cr.P.C. The said order of the SDM, Rajmahal was challenged in Cr. Rev. No.42 of 2021 and by the order passed in
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....
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