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2026 DAILYLAW 2928 (JHR)

CHARANJIT SINGH ALLIAS CHARANJEET SINGH v. THE STATE OF JHARKHAND

W.P.(Cr.)/911/2024 · 2026-04-01

Rongon Mukhopadhyay

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Judgment text

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( 2026:JHHC:9386 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 911 of 2024 Charanjit Singh @ Charanjeet Singh, aged about 65 years, son of Late Inder Singh, resident of Saluja House, Netaji Chowk, Bhandaridih, P.O. Giridih, P.S. Giridih, District-Giridih --- --- Petitioner Versus 1. The State of Jharkhand. 2. Dr. R.P.Das, S/o Late Ramchandra Das, then posted as Incharge Medical Officer, Primary Health Centre, Sadar Block, P.O. Sadar, P.S. Giridih (T), District-Giridih --- --- Respondents --- CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay --- For the Petitioner: Mr. Vishal Kumar, Advocate For the Respondents: Mr. Deepankar, A.C. to G.A.-III. --- 07 / 01.04.2026 Heard Mr. Vishal Kumar, learned Counsel for the petitioner and learned A.C. to G.A.-III. 2. In this writ application, the petitioner has prayed for quashing of the order dated 31.08.2021 passed by the learned Sub-Divisional Judicial Magistrate, Giridih in Giridih (M) P.S. Case No. 426/2017 wherein certain conditions have been imposed while de-sealing the property in Plot No. 198 & 200, Thana No.44 under Khata No.3, 29 situated at village Sirsia in the District of Giridih. 3. The factual aspects of the case reveal that the petitioner is an absolute owner of a piece of land and a corrugated house constructed over it situated at village Sirsia under Khata No.3, 29, Plot No.198 and 200, Thana No.44 which was purchased by the petitioner and his brother vide registered sale-deed dated 27.12.1999. The premises were subsequently leased out to one Dr. Shashi Bhushan Prasad for 11 months vide lease deed dated 05.11.2003. Dr. Shashi Bhushan Prasad had started a medical centre in the leased-out premises of the petitioner in the name and style of Verma Clinic, Sirsia without any permission ( 2026:JHHC:9386 ) from the concerned authority. A raid was conducted on 12.12.2017 by the Sub-Divisional Officer, Giridih in the Clinic and subsequently Giridih Mufassil P.S. Case No. 426/2017 was registered against the operators of Verma Clinic. Since the Clinic was being run without any lawful authority, the same was sealed on 10.12.2017. 4. The petitioner had filed an application for de-sealing the premises which, however, was rejected vide order dated 27.09.2018 by the learned Sub-Divisional Judicial Magistrate, Giridih against which the petitioner had approached this Court in Cr.M.P.No.1340/2019. 5. An order was passed on 09.08.2021 wherein the premises of the petitioner was directed to be de-sealed and the S.D.J.M. was directed to impose appropriate condition while de-sealing the said premises. In the meantime, it seems that charge-sheet has been submitted against Dr. Shashi Bhushan Prasad alleging commission of offences punishable under Sections 419/420/120B I.P.C. and under Section 40 of the Clinical Establishment (Registration and Regulation) Act, 2010. Consequent to the order dated 09.08.2021 passed in Cr.M.P.No.1340/ 2019 the learned Sub-Divisional Magistrate, Giridih had passed an order on 31.08.2021 de-sealing the premises by imposing the conditions as quoted hereinunder: Heard and perused the case record. From perusal of the same it transpires that Hon’ble High Court has directed to unseal the premises in question after taking appropriate condition. Hence in the light of order passed by the Hon’ble High Court of Jharkhand, Ranchi in Cr.M.P.No. 1340/2019 the premises Verma clinic is ordered to be unsealed with the condition that the petitioner will file the photo graphs of the said premises. The petitioner is further directed not to change its fundamental structure of the premises and not to sell or transfer it to any person. ( 2026:JHHC:9386 ) 6. Mr. Vishal Kumar, learned Counsel for the petitioner has submitted that on account of the stringent conditions having been imposed by the learned S.D.J.M., Giridih, the petitioner is not being able to sell out his property. 7. It has been submitted that the petitioner is not an accused in Giridih Muffasil P.S. Case No. 426/2017 and only on account of an illegal act having been done by Dr. Shashi Bhushan Prasad while operating a Clinic without any lawful authority, the petitioner is suffering. 8. Learned A.C. to G.A.-III has supported the impugned order dated 31.08.2021. 9. The institution of the criminal case was on account of the lease which was granted by the petitioner to Dr. Shashi Bhushan Prasad allowing him to run a Clinic in the premises and subsequently it was detected that the said Clinic was being run without any valid authority after which the same was sealed and F.I.R. was also instituted against Dr. Shashi Bhushan Prasad as well as others. 10. Since it appears that the criminal case is still pending the conditions which have been imposed by the learned S.D.J.M. while de- sealing the premises does not call for any interference since it has been directed that the petitioner shall not change the fundamental structure of the premises and shall not sell or transfer it to any person. The premises in question is the subject matter of a criminal case and since the said criminal case is said to be pending the conditions which have been imposed are justifiable and in order and in such circumstances, I am not inclined to interfere in the order dated 31.08.2021 passed by the ( 2026:JHHC:9386 ) learned S.D.J.M., Giridih and consequently this writ application stands dismissed. 11. Pending I.A., if any, stands closed. (Rongon Mukhopadhyay, J) 1st April, 2026 P.K.S. Uploaded