Citation : 2021 Latest Caselaw 758 Jhar
Judgement Date : 17 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 658 of 2015
Taukir Alam............... Petitioner(s)
Versus
State of Jharkhand ........... Respondent(s)
......
Coram: Hon'ble Mr. Justice Ananda Sen
Through:-Video Conferencing
......
For the Petitioner : Mr. Anurag Kashyap, Advocate
For the State : Mr. Bhasker Trivedi, AC to SC-III
......
7/17.02.2021 The lawyers have no objection with regard to the proceeding,
which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.
Heard the parties.
The petitioner, in this application, has challenged the FIR being Lower Bazar P.S. Case No. 40 of 2015 (G.R. No. 709/2015), on the ground that the entire occurrence had taken place at Japla within the District of Palamau, but the FIR has been registered at Ranchi.
From the FIR, I find that there is allegation, which needs investigation. The FIR has been registered at the instance of the wife under Section 498 A and other Sections of the Indian Penal Code.
In view of the judgment passed by the Hon'ble Supreme Court in the case of "Rupali Devi- versus- State of Uttar Pradesh & Others, reported in (2019) 5 SCC 384", I find that the ground taken by the petitioner is non- existent. The Hon'ble Supreme Court has held that the FIR can also be lodged at the place of residence of the victim.
Considering the aforesaid law and the fact that the offence is made out from bare perusal of the FIR, I am not inclined to quash the FIR.
Thus, this criminal writ petition stands dismissed.
(Ananda Sen, J) Mukund/-cp.3
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