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2025 DAILYLAW 31315 (JHR)

RAHUL SAHKARI GRIH NIRMAN SAMITI LTD v. THE STATE OF JHARKHAND THROUGH SECRETARY DEPT OF HOME JAIL AND DISASTER MANAGEMENT

W.P.(Cr.)/32/2025 · 2025-01-23

Anil Kumar Choudhary

body2025

Judgment text

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W.P. (Cr.) No.32 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 32 of 2025 Rahul Sahkari Grih Nirman Samiti Ltd., represented through its Secretary Abhay Naresh Thakur, son of Birendra Nath Thakur, resident of Chandra Vihar Colony, P.O. & P.S.-Dhanbad, Dist.- Dhanbad (Jharkhand) .... Petitioner Versus 1. State of Jharkhand through Secretary, Department of Home, Jail and Disaster Management, Govt. of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. & P.S.-Dhurwa, Dist.- Ranchi (Jharkhand) 2. Sub-Divisional Magistrate-cum-Sub-Divisional Officer, Dhanbad, having its office at Dhanbad Collectorate, P.O. & P.S.-Dhanbad, Dist.-Dhanbad (Jharkhand) 3. Deputy Commissioner, Dhanbad, having its office at Barwadda, P.O. & P.S.-Barwadda, Dist.-Dhanbad (Jharkhand) 4. Station Officer In-Charge, Barwadda Police Station, Dhanbad, P.O. & P.S.-Barwadda, Dist.-Dhanbad (Jharkhand) …. Respondents P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Saurabh Shekhar, Advocate : Mr. Aman D. Singh, Advocate For the State : Mr. Deepankar, AC to GA III ….. By the Court:- 1. Heard the parties. 2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of writ in the nature of mandamus directing upon the W.P. (Cr.) No.32 of 2025 2 respondent no.2 to take cognizance of the application preferred before it on 04.12.2024 under Section 163 of Bhartiya Nyaya Suraksha Sanhita, 2023, which has not yet been registered. 3. It is submitted by the learned counsel for the petitioner that the petitioner filed the said application but in an arbitrary manner the same has not been registered. 4. Learned counsel for the State submits that if at all the petitioner has filed such an application, the respondent no.2 is under an obligation under Section 163 of Bhartiya Nyaya Suraksha Sanhita, 2023 to entertain such an application and pass appropriate order in accordance with law but the copy of the petition annexed with this writ petition do not show that the same was filed with the respondent no.2. 5. Considering the aforesaid facts, this writ petition is disposed of with a direction to the respondent no.2 to accept and number the fresh application under Section 163 of Bhartiya Nyaya Suraksha Sanhita to be filed by the petitioner along with this order passed in this writ petition and to take emergent steps in accordance with law to take the petition to its logical conclusion. 6. This writ petition is disposed of to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 23rd January, 2025 AFR/Sonu-Gunjan/-