Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:19757 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(C) No.4756 of 2026
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1. Gokul Mahto aged about 56 years son of Late Asha Ram Mahto resident of village - Jareya P.O. +P.S - Sonhatu District Ranchi
2. Chhutu Lal Mahto aged about 54 years son of Late Asha Ram Mahto resident of village - Jareya P.O. +P.S - Sonhatu District - Ranchi
… Petitioner(s).
Versus
1. The State Of Jharkhand.
2. Subash Mahto s/o late Braj Mohan Mahto resident of village - Jariya P.O. +P.S - Sonhatu District - Ranchi
3. Ashutosh Mahto s/o late Braj Mohan Mahto resident of village - Jariya P.O. +P.S - Sonhatu District - Ranchi
4. Paritosh Mahto s/o Late Braj Mohan Mahto resident of village - Jariya P.O. +P.S - Sonhatu District - Ranchi
5. Dol Gobind Mahto s/o Late Sahdev Mahto resident of village - Jariya P.O. +P.S - Sonhatu District - Ranchi
6. Nageshwar Mahto s/o Baldev Mahto resident of village - Jariya P.O. +P.S - Sonhatu District - Ranchi
7. Subal Chandra Mahto s/o late Laldev Mahto resident of village - Jariya P.O. +P.S - Sonhatu District - Ranchi
8. Dibakar Mahto s/o Late Chandra Rai Mahto resident of village - Jariya P.O. +P.S - Sonhatu District - Ranchi
9. Dileshwar Mahto s/o Late Indra Rai Mahto resident of village - Jariya P.O. +P.S - Sonhatu District - Ranchi
10. Rajkumar Mahto s/o Arun Mahto resident of village - Jariya P.O. +P.S - Sonhatu District – Ranchi
… Respondent(s).
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Faisal Khan, Advocate
Md. Hatim, Advocate For the State
: Mr. Achyut Keshav, Sr. AAG …......
02 /06.07.2026: Heard the learned counsel representing the petitioners and the learned counsel representing the respondents.
2. It is the grievance of the petitioners that by virtue of an
order under section 145 Cr.PC passed in Misc. Case No. 159 of 2003-04 possession of the petitioners was declared. It is the grievance of the petitioners that inspite of such declaration the respondent nos. 2 to 10 are trying to dispossess the petitioners.
3. If an order, which has been passed under section 145
2026:JHHC:19757 2
Cr.PC (now section 164 BNSS) is violated, the remedy lies by initiating a proceeding under section 188 IPC (now section 223 BNS).
4. At this stage learned counsel for the petitioners submits that the petitioners have already filed a representation before the police authorities and even before the Sub-Divisional Officer, Bundu but no action has been taken.
5. In this writ petition, I find that neither the Sub-Divisional Officer, Bundu or the police authorities are party.
6. If the petitioners feels that an order passed under section 145 Cr.PC (now section 164 BNSS) has been violated it will be open to the petitioners to approach the concerned authority by filing an application under section 188 IPC (section 223 BNS), which will be considered as per the law and an appropriate action be taken.
7. If the petitioners have already approached the authorities, the authorities will initiate an appropriate proceeding and will ensure compliance of the order passed under section 145 Cr.PC.
8. Accordingly, this writ petition is disposed of.
(ANANDA SEN, J.) 06.07.2026 Tanuj/CP-2
Uploaded on 08.07.2026