DHANESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed for setting aside the order dtd. 11/1/2025 passed by Deputy Commissioner-cum-District Magistrate, Ranchi by which the school of the petitioner no.2 namely Spectrum Global School, Getlatu, was sealed.

(2.) As per the case of the petitioners, petitioner no.1 is owner of the land in which the above stated school is running by petitioner no.2. The land for running the school, was leased by petitioner no.1 in the year 2023 and the rent was being paid regularly. On 18/12/2024, an FIR was lodged being Sadar Mesra O.P. P.S. Case No.543/2024 under Sec. 115(2)/117 of BNS and Ss. 4, 6, 8 and 12 of POCSO Act against two persons allegedly employed by the school. It was for this reason, the entire premises of the school has been sealed.

(3.) It is submitted by the learned counsel on behalf of petitioner that the order passed by the respondent no.2 was without any jurisdiction and statutory authority. As such order of getting the premises sealed was not passed by any criminal Court. The Investigating Officer has also not moved the Deputy Commissioner or any competent authority to seal the said premise. The order passed lacks jurisdiction and is therefore, fit to be set aside.