RAM SAHAY PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Can a Circle Officer direct the Officer-in-Charge of a Police Station to stop the construction work of a party on the basis of an order passed under Sec. 144 of the Cr.P.C. which lapsed about 7 ' 8 years ago?

(2.) This is the pivotal question that has been raised in the instant writ petition, wherein vide Memo No.149 dtd. 22/6/2024, Circle Officer, Chalkusa, Hazaribag (respondent no.5) directed the Officer-in-Charge, Chalkusa, Hazaribag to stop the construction work over the land of the petitioner in view of the order passed in Case No.17/2016 under Sec. 144 of the Cr.P.C.

(3.) It is submitted by the learned counsel on behalf of petitioner that it is common knowledge that no order under Sec. 144 of the Cr.P.C remains in force for a period more than two months. The above stated order was passed on 13/4/2016 and no further proceeding under Sec. 145 of the Cr.P.C. was initiated with respect to the land in question. Despite this, the Circle Officer without any authority of law, has directed Officer-in-Charge of the Police Station to stop the construction work over the land of the petitioner on which he has right, title and possession.