JHARKHAND HIGH COURT ISSUES ORDER ON DHANESHWAR MAHTO AND ANR. V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, July 22 -- Jharkhand High Court issued the following order on June 23:

1. This writ petition has been filed for setting aside the order dated 11.01.2025 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 Section 115(2)/117 of BNS and Sections 4, 6, 8 & 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.

4. Learned counsel on behalf of State submits that considering the sensitivity of the matter, the Deputy Commissioner passed the order as after the offence committed with the minor child attending the school, there was a law-and-order situation.

5. Having considered the submissions advanced by both sides, this Court is of the opinion that the impugned order is unsustainable in law, having been passed without the backing of any statutory authority. There is nothing on record to indicate that any requisition was made by the Investigating Officer. In criminal proceedings, a pending case, cannot be used as a pretext to pass orders actuated by vendetta or devoid of statutory sanction, particularly when the accused is already facing trial before a Court of competent jurisdiction. The impugned order, being without jurisdiction, is accordingly set aside. Needless to clarify, this order shall not impede or prejudice any ongoing investigation, enquiry or trial in accordance with law.

6. Writ Petition is disposed of. Interlocutory Application, if any, is disposed of.

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