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Chandra Prakash Pandey vs The State Of Jharkhand on 23 November, 2021

8. After hearing the learned counsel for the parties and after going through the prosecution report as well as the enclosure to the prosecution report, this Court finds that it is not in dispute 4 that there has been title suit between the parties, inter alia, in connection with plot no.1120 which is involved in the present case and it is further not in dispute that an appeal has been filed by the State against the decree passed in favour of the plaintiff arising out of Title Suit No.25 of 1996. This Court finds that under identical circumstances, in Cr.M.P. No.1653 of 2009 (R.S. Singh vs. State of Jharkhand and others) which also included portions of plot no.1120 and other landed properties, this Court has been pleased to quash the criminal proceeding by holding that there being genuine dispute over the right and title, the criminal proceedings against the petitioner in those cases were not warranted. This Court also held that the State including its Forest Department could pursue the remedy in suit / appeal pending before the Civil Court having competent jurisdiction or before this Court. It is not in dispute that the S.L.P. against the aforesaid order passed by this Court has been dismissed. This Court finds that the present case is similar to that of Cr.M.P. No.1653 of 2009 and apparently there is title dispute between the parties in connection with the properties involved in the present case and primarily dispute between the parties is in the realm of pure civil dispute. This Court is of the view that continuance of the criminal proceedings as against the petitioner in the present matter would be an abuse of the process of law.
Jharkhand High Court Cites 5 - Cited by 0 - A R Choudhary - Full Document

Dilip Das vs The State Of Jharkhand ... Opposite ... on 28 September, 2021

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Hazaribagh, in connection with Sadar P.S. Case No.195 of 2019 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not execute any sale deed or transfer in excise of power vested upon them through their power of attorney nor they will deal with the land during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Sonu/Gunjan-
Jharkhand High Court Cites 8 - Cited by 0 - A K Choudhary - Full Document

Bideshi Bhuiyan Alias Videshi Bhuiyan vs The State Of Jharkhand ... Opposite ... on 1 May, 2023

6. Learned counsel for the petitioner next relies upon the judgment of another co-ordinate Bench of this Court in the case of R. S. Singh @ Rama Shankar Singh & Others vs. The State of Jharkhand & Others passed in Cr.M.P. No.1653 of 2009 with other allied cases dated 31.07.2010 wherein in the facts of that case, the right and title on the basis of registered sale-deed was obtained by the accused persons from the Raiyats and there was genuine dispute over right and title, the co-ordinate Bench quashed the criminal proceeding. Hence, it is submitted that the entire criminal proceeding, as prayed for by the petitioner, be quashed.
Jharkhand High Court Cites 13 - Cited by 0 - A K Choudhary - Full Document

Ajit Kumar vs Police on 12 May, 2016

5. Mr. Manoj Tandon, learned counsel for the petitioner submitted with vehemence that the impugned order dated 21.10.2010 passed by Superintendent of Police (Rural), Ranchi is totally without jurisdiction as on the date of dismissal, the petitioner was posted as Constable in the district of Chatra, as 3 such, the S.P. (Rural) had no control over the petitioner so as to entitle him to pass the impugned order. To substantiate his argument on this issue, learned counsel for the petitioner referred to a judgment rendered in the case of P rem Chand Ram Vs. State of Bihar & Ors as reported in 2000 (2) PLJR 918 and also in the case of Rama Shankar Ram Vs. The State of Jharkhand & Ors as reported in 2010 (1) JLJR 361 .
Jharkhand High Court Cites 4 - Cited by 0 - P Patnaik - Full Document

Azim Khan And Ors vs The State Of Jharkhand Through Its Chief ... on 27 June, 2016

4. The order of remand has aggrieved the petitioners as the Appellate Authority, while remanding the matter, has framed certain questions which, according to the petitioners, may touch upon the determination of questions of title. Specific reference is made to the issue no. 1, 2 and 6. Reliance has been placed on the judgment rendered by the learned Single Judge of this Court in the case of Rama Shankar Singh @ R.S. Singh & Ors. Vs. The State of Jharkhand & Ors and 2. analogous case [2010(3) JLJR 278] to submit that where disputed questions of title are involved, the same cannot be adjudicated in a summary proceeding like under BPLE Act.
Jharkhand High Court Cites 1 - Cited by 0 - A K Singh - Full Document
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