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2025 DAILYLAW 20193 (JHR)

Shanichar Mahra And Ors v. The State Of Jharkhand And Anr

Cr.M.P./2752/2017 · 2025-01-08

Pradeep Kumar Srivastava

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2752 of 2017 1. Shanichar Mahra S/o Late Bhim Mahra 2. Duryodhan Mahra S/o Late Baski Mahra 3. Rajesh Mahra S/o Late Tilak Mahra 4. Badri Mahra S/o Late Chaman Mahra 5. Sudhir Mahra S/o Late Baski Mahra, All 1 to 5 r/o Village Ghagharjore, P.O. & P.S. Sarath, Dist. Deoghar … Petitioners Versus 1. The State of Jharkhand 2. Banwari Mahra S/o Late Maku Mahra r/o Village Ghagharjore, P.O. & P.S. Sarath, Dit. Deoghar … Opp. Parties Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. N.P. Choudhary, Adv. For the State : Mr. Abhinesh Kumar, Addl. P.P. For the O.P. No.2 : Mr. Sudhansu Kumar Deo, Adv. Mr. Shiv Shankar Kumar, Adv. Order No.06/Dated- 08.01.2025 Learned counsel for the petitioners submits that miscellaneous petition has been filed challenging the ex-parte order passed by learned Executive Magistrate, Madhupur in T.R. No. 02 of 2008 under Section 144 Cr.P.C. declaring the possession of opposite party no.2. Now more than decade has been lapsed from the said order wherein parties were directed to take recourse of Civil Court of competent jurisdiction to decide their title. Hence, petitioner wants to withdraw this case to take proper recourse before the Civil Court, if so advised. In view of above submission, learned Addl. P.P. for the State and learned counsel for the opposite party no.2 raised no objection. In view of above, this miscellaneous petition is dismissed as withdrawn with liberty to the petitioners to take proper recourse before competent Court of Civil jurisdiction, if so advised. (Pradeep Kumar Srivastava, J.) Sachin