JIVAN MAL PAHADIYA ALIAS JIVAN MAL v. THE STATE OF JHARKHAND
Cr.Rev./807/2025 · 2025-09-11
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22336 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22336 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:27746 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 807 of 2025
Jivan Mal Pahadiya @ Jivan Mal, aged about 31 years, son of late Jageshwar Mal Pahadiya @ Jagran Mal, resident of village Simara, P.O. Mandro, P.S. Mirzachowki, District-Sahibganj ...... … Petitioner
Versus 1.The State of Jharkhand
2. Bhagiya Mal @ Bhagiya Malin @ Bhagiya Devi, daughter of late Lava Mal @ Nova Mal, wife of Gopal Mal, resident of village Simara Sripur, P.O. Sripur, P.S. Boarijore, District-Godda, State-Jharkhand .…. … Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner
:Mr. Rakesh Kumar Gupta, Advocate For the State : Mr. Pankaj Kumar, Spl. P.P
05/ 11.09.2025: Heard learned counsel for the petitioners and learned counsel for the State.
2. I.A. No.10672 of 2025 has been filed for condoning the delay of 102 days in filing the revision application.
3.
For the reasons stated in the I.A, prayer made in I.A. is allowed. As such, delay of 102 days in filing the revision application is condoned.
4.
I.A. No.10672 of 2025 stands allowed and disposed of.
5. This revision application has been filed for setting aside order dated 24.01.2025 passed in Misc. Case No. 239/2024 by learned Sub- Divisional Magistrate-cum-Sub Divisional Officer, Sahibganj under section 163 of B.N.S.S. whereby title has been declared in favour of O.P. No.2 as legal successor and also petitioner has been directed to vacate the possession of the land and given right of possession of land to the O.P. No.2 over the land of Mouza-Simara, J. No. 13, Area-03-18-12 dhur and mouza-Bada Kendua, J. No. 14, Area-07-17-17 dhur under Anchal-Mandro, Sahibganj.
6.
It transpires that straightway this petition has been filed before the High Court without moving before the learned Sessions Judge and there is no bar of filing petition directly in the High Court after order of the learned
( 2025:JHHC:27746 )
judicial Magistrate however only in exceptional circumstances that can be entertained by the Court.
7. The learned counsel for the petitioner submits that order has been passed under section 163 of B.N.S.S which remains in force for 60 days.
8.
For the reasons disclosed in Criminal Revision No. 417 of 2023 passed by this Court and nothing has been disclosed before this Court what are the exceptional circumstances to file this petition directly before the High Court. This Court is not inclined to exercise its revisional power. Accordingly, this criminal revision is dismissed. Pending I.A, if any, stands dismissed.
9.
However, liberty is provided to the petitioner if so advised may move before the learned Sessions Judge and for purpose of limitation pendency of this criminal revision before this Court will be taken into
consideration.
( Sanjay Kumar Dwivedi, J.) satyarthi-