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2024 DIGILAW 19 (JHR)

Sukhdeo Vidrohi v. State of Jharkhand

2024-01-04

SANJAY KUMAR DWIVEDI

body2024
JUDGMENT : SANJAY KUMAR DWIVEDI, J. 1. Heard Mr. A.K. Sahani, learned counsel for the petitioner and Ms. Nehala Sharmin, learned counsel for the State. 2. This petition has been filed for quashing the order dated 29.08.2015 passed by the learned Sessions Judge, Dhanbad in Cr. Revision No. 11 of 2015, whereby, the revision application was dismissed and the order dated 12.01.2015 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 621 of 2011 dismissing the complaint under Section 203 of Cr.P.C. was affirmed. 3. Mr. Sahani, learned counsel for the petitioner submits that C.P. Case No. 621 of 2011 was filed before the learned Trial Court which was dismissed vide order dated 12.01.2015 and the learned Court has not taken cognizance. He further submits that the petitioner filed Cr. Revision No. 11 of 2015 and vide order dated 29.08.2015, the learned Revisional Court has affirmed the order passed by the learned Trial Court and dismissed the said criminal revision application. He also submits that the allegations and materials are there and in spite of that, the learned Court has not taken cognizance against the accused persons. 4. Ms. Sharmin, learned counsel for the State submits that the orders have been rightly passed by the learned Courts. 5. The Court has gone through the order passed by the learned Trial Court as well as the Revisional Court. It has been observed that the petitioner has also filed PIL before the High Court, which was not entertained on the ground that part of his house was demolished by the State as it was standing on Government land. The learned Revisional Court has further recorded that there is no report of any research or study to the effect that mining by the BCCL has led to rise in pollution levels in Dhanbad. It appears that both the learned Courts applied their mind and, thereafter, the orders have been passed. 6. In view of the above facts, no case of interference is made out. Accordingly, this petition is dismissed.