The High Court of Jharkhand while quashing the summoning order against the petitioner, accused of molesting and assaulting a woman held that criminal proceedings are serious affairs as it interfere with the liberty of citizens and courts are not supposed to act mechanically like a post office and issue process without scrutinizing and applying the judicial mind and present case appears to be filed to wreak vengeance on account of civil dispute and continuation of proceedings will be an abuse of process of court.
Brief Facts:
The petitioner, accused under Sections 354, 325, 324, 379 of the IPC after a complaint was filed against him filed the present petition seeking quashing of criminal proceedings and summoning order passed against him after prima facie case after enquiry has been found to be made out under Sections 323, 354, 34 of the IPC by the trial court.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner contended that the instant case is classical example of false persecution as it was an outcome of learned dispute between both sides and the criminal case was filed to wreak vengeance and as per the statement, the incidence took place at a public place where many people had gathered after the incidence, but witnesses which are arrayed, are the husband and brother-in-law of the complainant.
Contentions of the Respondent:
The learned counsel appearing on the behalf of respondent contended that at the stage of issuance of process, meticulous examination of the witnesses is required and it is to be only seen that whether there was ground for proceeding against accused persons and it is not necessary to be mentioned in the complaint or by the complainant in the enquiry, the factual details of the incidence.
Observations of the court:
The court after going through all the material stated that , there are gaping holes in the entire prosecution story which gives strength to the submissions advanced on behalf of the petitioner that this was filed in order to wreak vengeance on account of ongoing land dispute.
Further the court observed that it appears highly improbable that father along with his sons will come all the way from Bihar to Ranchi to molest and assault the lady complainant and further the incidence is alleged to have taken place in a public place, but none from the public been cited as witness. It was stated that there is absolute, incoherence in the prosecution story and everything is left to conjecture.
It was further stated that criminal proceedings are serious affairs as it interferes with the liberty of citizens and courts are not supposed to act mechanically like a post office and issue process without scrutinizing and applying the judicial mind. The very purpose and object of the provisions like Section 203 Cr.P.C shall be rendered nugatory, if persons are proceeded against blindly without scrutinizing the materials on record.
The court referred to the judgement in Pepsi Foods Ltd. v. Special Judicial Magistrate wherein it was held that summoning of an accused in a criminal case is a serious matter and criminal law cannot be set into motion as a matter of course and concluded that present case appears to be filed to wreak vengeance on account of civil dispute and continuation of proceecings will be an abuse of process of court.
The decision of the Court:
The court allowed the petition and quashed the summoning order and the entire criminal proceedings.
Case Title: Dhiren Singh @ Dhirendra Kumar and ors. vs State of Jharkhand and anr.
Coram: Hon’ble Mr. Justice Gautam Kumar Choudhary
Case No.: Cr.M.P. No. 837 of 2020
Advocate for the Petitioner: Mr. Shailendra Kumar Singh
Advocate for the Respondent: Mr. P.D. Agrawal and Mr. Ashok Kumar
Read Judgment @LatestLaws.com
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