IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 5672 of 2003
Yunush Hussain Ansari ... ... ... ... Petitioner
Versus
SDO, Jamshedpur and others ... ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE POONAM SRIVASTAV
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For the Petitioner: Mr. Akshay Kumar Mahato
For the State: J.C. to S.C.III
For Respondents No.5-7: None
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3/ 03.05.2011
Heard the learned counsel for the petitioner as well as the learned
counsel appearing for the State. Notices were issued and the State accepted the
notice on behalf of respondent Nos.1 to 4. Mr. R.S. Mazumdar, Mr. Altaf
Hussain and Mr. D.K. Karmakar appeared on behalf of the private respondents,
but no counter affidavit has been filed by anyone of them. The writ petition is
very old and it appears that the petitioner has lost all interest.
This writ petition is preferred with a prayer to direct the Police
Superintendent, Jamshedpur and Officer-in-Charge, Sakchi Police Station to
hand over all the household articles which has been displaced from the portion
of the share of house of the petitioner situated at Cross Road No.8, Green
Valley, House No.10, Zakir Nagar East, P.O. & P.S. Azad Nagar, Mango,
Jamshedpur Dist. East Singhbhum.
On a bare perusal of the writ petition it appears that the petition is a
misconceived one because Section 144 CrPC empowers the authority to impose
Section 144 in case of emergency or apprehended danger. It is a preventive
measure to ensure peace in the society. There is no provision to seize the articles
under Section 144 CrPC. If this is done, then the appropriate course was to
approach the concerned Police Station. The writ petition is without any assertion
as to how the procedure under Section 144 CrPC can be adopted to take away
the household articles. Nothing is disclosed to support the grievance of the
petitioner.
In the facts and circumstances, the writ petition is apparently
misconceived and is, accordingly, dismissed.
(Poonam Srivastav, J)
Manoj/cp.2