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2025 DAILYLAW 12643 (JHR)

UTTAM KUMAR TIBREWAL ALIAS UTTAM KUMAR v. THE STATE OF JHARKHAND

W.P.(Cr.)/329/2025 · 2025-07-15

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:19297 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Criminal) No.329 of 2025 ------ Uttam Kumar Tibrewal @ Uttam Kumar, S/o Late Nandlal Tibrewal. … … Petitioner Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Godda. 3. The Sub Divisional Magistrate, Mahagama, District Godda. 4. The Circle Officer, Mahagama, District Godda. 5. The Officer-in-Charge, Mahagama Police Station, Mahagama, District Godda. 6. Ashok Kumar Chourasia. 7. Hemant Kumar Chourasia 8. Ajay Kumar Chourasia. 9. Abhishek Kumar 10. Niwas Pandit. 11. Jaikant Yadav … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner : Mr. Lukesh Kumar, Advocate. For the Respondents : Mr. Sachin Kumar, Advocate ------ 03/ 15.07.2025 Heard the parties. 2. In this Criminal Writ Petition, the petitioner has challenged the Notice bearing D.B. No.303 dated 11.04.2025, which was issued to the petitioner under Section 163 of the BNSS. 3. It is an admitted proposition of law that the proceeding under Section 163 of the BNSS (Section 144 Cr.P.C.) remains alive for a period of 60 days. The period of 60 days has already lapsed by now, which is evident from the order dated 11.04.2025, which is under challenge. 4. Since the period of proceeding has already lapsed, no order can be passed in this writ petition. 5. Learned counsel representing the petitioner submits that the proceeding has now been converted into one under Section 2025:JHHC:19297 2 164 of the BNSS, which he now wants to challenge. 6. Liberty is given to the petitioner to challenge the entire proceeding under Section 164 of the BNSS by filing a separate writ petition. 7. With the aforesaid liberty, this Criminal Writ Petition stands disposed of. 8. Interlocutory Applications being I.A. Nos.9055 of 2025 and 6759 of 2025, also stand disposed of. 9. The certified copy which has been filed by the petitioner along with the Interlocutory Applications, will be returned to the petitioner subject to the condition that he will replace the same by a self-attested photo copy. 10. Office to check and proceed accordingly. (ANANDA SEN, J.) Prashant.Cp-3