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Jharkhand High Court · body

2020 DIGILAW 300 (JHR)

Sanjay Sonar, son of Ram Padu Sonar v. State of Jharkhand through its Chief Secretary, Ranchi

2020-02-13

SANJAY KUMAR DWIVEDI

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JUDGMENT : Heard Mr. Ajit Kumar, learned counsel for the petitioner and Mr. Navneet Toppo, learned A.C. to G.A.-II for the respondent- State, Mr. K.S. Nanda, learned counsel for the Respondent No. 4. 2. Mr. Ajit Kumar, learned counsel for the petitioner submits that the petitioner has challenged order dated 25.06.2014 passed by the Circle Officer. He further submits that without having any jurisdiction the Circle Officer passed order to evict the petitioner. He further submits that this order has been passed on the strength of section 144 of the Cr.P.C order. 3. On the other hand, Mr. K.S. Nanda, learned counsel for the private respondent as well as Mr. Navneet Toppo learned counsel for the respondent-State submits that this order has been passed only on the strength of 144 Cr.P.C. He submits that the force of that order under section 144 Cr.P.C is only for 60 days. In view of the matter, order of the Circle Officer has got no force. 4. This Court finds force in the submission of learned counsel for the respondents. Accordingly, this writ petition is dismissed as infructuous considering the fact that Circle Officer has exercised power on the strength of 144 Cr.P.C order passed by the competent court and as the mandate of section 144 Cr.P.C provides that it remains in force for 60 days only, thus order of the Circle Officer has no force.