Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
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C.M.P. No. 853 of 2023
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Om Prakash Narayan aged about 62 years son of Ram Sevak Prasad,R/o Kasturba Gandhi Aashram, Gosaidih, PO A.G Ashram, P.S. Govindpur, District Dhanbad
…… …. … Petitioner(s) -- Versus --
1.Raj Maheshwaram, son of not know to the petitioner, posted as Sub Divisional Officer, Dhanbad having office at PO. And PS Dhanbad District Dhanbad
2.Sri Jitendra Kumar Gupta, son of not known to the petitioner posted as Director, Khadi and Village Industry Commission, Elbert Ekka Chowk, Shanti Bhawan, 2nd Floor,Ranchi, P.O. GOP, PS Sadar, District Ranchi
3.Bibhanshu Kumar Singh, son of late Basant Kumar Singh, r/o Khadi Gram Udyog Sangh, P.O. and PS Dhanbad, District Dhanbad
…… …. …Opposite Parties
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner(s) : Mr. Rishi Pallava, Advocate
Mr. Lukesh Kumar, Advocate
For the O.P.No.1
: Mr. Shahbaj Akhtar, Advocate
For the O.P.No.2
:- Mr. Shiv Kumar Sharma, Advocate
For the O.P.No.3.
:- Mr. P.K. Mukhopadhyay, Advocate
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5/24.03.2025 Heard the learned counsel appearing on behalf of the petitioner, the
learned counsel for the Opposite party nos.1,2 and 3 respectively. 2. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 16.02.2023 passed in Human Right Case No.01 of 2019 by learned Additional District and Sessions Judge, I, Dhanbad
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whereby the intervention petition filed by the O.P.No.3 has been allowed. 3. Mr. Pallava, the learned counsel appearing on behalf of the petitioner submits that the petitioner has instituted an application under Section 30 of the Human Rights Act, 1993 read with Article 5, 12 of United National Human Right Declaration, 1984 and Article 21 of the Constitution of India which was registered as Human Right Case No.01 of 2019. He submits that during pendency of the said petition, a petition has been filed for impleading as one of the respondents in the said proceeding by the O.P.No.2 and O.P.No.3 which has been erroneously allowed by the learned court. He submits that the petition filed for intervention nothing has been disclosed and the learned court has allowed the petition which is against the mandate of law. On this ground, he submits that the this petition may kindly be allowed and the impugned order may kindly be set aside. 4. On the other hand, Mr. Shahbaj Akhtar, the learned counsels appearing on behalf of the Opposite parties no.1 submits that there is no illegality in the impugned order and the learned court has rightly passed the said order. 5. Mr. Sharma, the learned counsel for the O.P.No.2 submits that the intervenor is a necessary party and he was also party in the criminal complaint case which has been filed by none other than this petitioner being Complaint Case No.680 of 2019. 6. Mr. Mukhopadhyay, the learned counsel for the O.P.No.3 submits that the learned court has passed a reasoned order and after appreciating the parameters of the impleadment and that order has been passed accordingly and there is no illegality in the said order. 7.
It transpires from the record and the order of the learned court that prior to present case being Human Rights Case No.01 of 2019 an identical allegation was made in the Complaint Case No.680 of 2019 which was instituted before the Chief Judicial Magistrate Dhanbad wherein this petitioner was the
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complainant and the accused was the intervenor, Bibhanshu Kumar Singh who is O.P.No.3 in the present case. 8. From the impugned order it transpires that further FIR being Dhanbad P.S. Case No.94 of 2018 was filed wherein this petitioner and other two persons were also made an accused. In the another Govindpur P.S. Case No.100 dated 29.3.2022 the petitioner and his associates contended that new Executive committee has properly been instituted under the Inspector of Registrar, Jharkhand which has been approved by the new Executive committee by electing Bibhanshu Kumar Singh as its Secretary and the case is arising against Khadi and Village Industries Commission and in this background, prima facie, it appears that the O.P.No.3 is a necessary party and considering all these aspects, the learned court has passed the said order. Moreover, to avoid multiplicity of the litigation, if such a situation is there, the learned court has rightly passed the said order. There is no illegality in the impugned order, and as such, C.M.P. No. 853 of 2023 is dismissed. 9. Pending petition if any also stands disposed of accordingly. ( Sanjay Kumar Dwivedi, J.)
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