Nazam Ansar And Others vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

This petition has been filed for quashing of the order dated 30.03.2022 passed in Criminal Revision No.50 of 2018 passed by learned Additional Sessions Judge-III, Godda, whereby he has been pleased to reject the application dated 22.3.2022 filed by the petitioners for adding their names as Opp.Parties.

The learned counsel for the petitioners submits that the learned Additional Sessions Judge-III, Godda has not appreciated the fact that the petitioners are the legal heirs/successors of Budhu Mian. She submits that under 145 Cr.P.C proceeding the order has been passed in favour of the first party namely Jagdish Ansari. She submits that after section 145 Cr.P.C proceeding order, Pratap Ray and others have moved before the learned court in Cr.Revision No.50 of 2018 and in that petition these petitioners have filed the petition dated 22.3.2022 for adding their names as Opp. Parties in the said proceeding which has been rejected. She further submits that the learned court has not appreciated the fact that the petitioners are also legal heirs/successors of Budhu Mian.

Mr. Devesh Krishna, the learned counsel for the respondent State submits that the learned court has rightly rejected the petition and before the learned S.D.O the petitioners have not filed any petition and they were not able demonstrate before the learned revisional court that they are legal heirs/successors of Budhu Mian.

In view of the above submission of the learned counsel for the parties, the Court has perused the order dated 30.03.2022 and finds that the learned revisional court has found that the petitioners have not been able to demonstrate that they were legal heirs/successors of Budhu Mian and the case was instituted against Kewal Pratap Ray.

Considering that the petitioners have not been able to demonstrate their position with regard to proceeding under section 145 Cr.P.C. and there is nothing illegal in the impugned order passed by the learned revisional court. Further the remedy is already there by way of filing the appropriate petition either before the learned S.D.O or the competent court of civil jurisdiction.

In view of the above, no relief can be extended to the petitioners.

Accordingly, W.P.(Cr.) No. 297 of 2022 is dismissed.

Pending petition, if any also stands dismissed accordingly.