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2025 DAILYLAW 8557 (JHR)

ARBIND KUMAR THAKUR v. THE STATE OF JHARKHAND

Cr.M.P./1488/2025 · 2025-07-29

Ambuj Nath

body2025

Judgment text

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2025: JHHC:21114 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1488 of 2025 Arbind Kumar Thakur @ Arvind Kumar Thakur, aged about 55 years, S/o Mahendra Thakur, R/o Shivpuri Colony, Jodhadih More, P.O & P.S Chas, District Bokaro, Jharkhand --- --- Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Bokaro, Office at District Collectorate, Camp II, P.O and P.S. Bokaro Steel City, District Bokaro, Jharkhand 3. The Sub Divisional Officer, Chas, officiating from the SDO Office, Chas, P.O and P.S. Chas, District Bokaro, Jharkhand 827013 --- --- Opp. Parties --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioner: Mr. Baibhaw Gahlaut, Advocate For the O.P-State: Mr. Vineet Kr. Vashistha, Special P.P. --- 16 / 29.07.2025 Petitioner has filed this application for quashing of the order dated 27.01.2023 passed by the learned Sessions Judge, Bokaro in Misc. Application No. 229 of 2022 in Sessions Trial No. 44 of 2021 arising out of Chas P.S. Case No. 239 of 2020, whereby the learned court below has rejected the petition filed by the petitioner for handing over the possession of Jeevandeep Hospital situated at Jodhadih More, Chas, Bokaro, which was sealed in connection with Chas P.S. Case No. 239 of 2020 corresponding to Sessions Trial No. 44 of 2021. 2. It was submitted that the petitioner is the owner of the premises in which Jeevandeep Hospital was being run by one Rajnikant. It was further submitted that on the basis of the direction issued by the Director, Health Department, Ranchi, a medical team was constituted which raided Jeevandeep Hospital and it was found that Jeevandeep Hospital was involved in carrying out illegal abortion. Incriminating articles were seized. 3. Charge sheet was submitted against the Manager cum proprietor of Jeevandeep Hospital and Nurse Saraswati Mahato. Petitioner has neither been named as an accused in the FIR nor he is charge sheeted. Petitioner has filed an application for handing over the possession of the premises to him, but the same was rejected by the learned court below on account of the fact that there was no tenancy agreement between the petitioner and that of the proprietor of Jeevandeep Hospital Rajnikant. 2. 5. Mr. Vineet Kumar Vashistha, learned Special P.P, after going through the records, submitted that the premises belongs to the petitioner and he is not an accused in this case and there is no impediment in handing over the possession of the premises to the petitioner. 6. In view of the aforesaid facts, this criminal miscellaneous petition is allowed. The order dated 27.01.2023 passed by the learned Sessions Judge, Bokaro in Misc. Application No. 229 of 2022 in connection with Sessions Trial No. 44 of 2021 arising out of Chas P.S. Case No. 239 of 2020, is set aside. Accordingly, learned Sessions Judge, Bokaro is directed to pass appropriate order after verifying the documents of ownership, directing the concerned authorities to unseal the premises and hand over the possession of the premises to the petitioner. (Ambuj Nath, J) Ranjeet/ Uploaded