Nishant Minz @ Monu vs The State Of Jharkhand
2021 Latest Caselaw 1016 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 2081 of 2020
                                          ------

            Nishant Minz @ Monu                        ...Petitioner(s).
                                    Versus
            1. The State of Jharkhand
            2. Kakuli Dey                              ... Opp. Party(s)

            CORAM          :   HON'BLE MR. JUSTICE ANANDA SEN.
                               Through: Video Conferencing
                                         ------
            For the Petitioner(s)        : Mr. Himanshu Kr. Mehta, Advocate.
            For the State                : Mr. Rajesh Kumar, A.P.P

05/01.03.2021:       Heard the counsel for the petitioner and counsel for the State.

Counsel for the petitioner submits that absolutely on a concocted story, false case has been filed against the petitioner. He submits that in fact for an occurrence this petitioner had registered a case against informant and her husband and in retaliation, this case has been filed.

The Hon'ble Supreme Court in the case of State of Haryana and others versus Bhajan Lal & others reported in 1992 suppl. (1) SCC 335 has clearly laid down the criteria on which, an FIR can be quashed. Further from several other judgment of the Hon'ble Supreme Court, it is quite clear that if a cognizable offence is made out, an FIR cannot be quashed.

Considering the aforesaid principle of law, I have gone through the FIR. The instant FIR suggests that this petitioner has assaulted and molested the informant who is a lady. The aforesaid allegation definitely makes out a cognizable offence for which FIR needs to be registered. Whether the case is concocted or not, is a matter of investigation.

So far as the claim of the petitioner that the petitioner had earlier filed a case is concerned, the same cannot be a ground for quashing the FIR. A particular incident may have two versions. It cannot be said that one version will always be a false one. Further whether the version is false or not, the same needs to be investigated into.

Considering the fact that a cognizable offence is made out, I am not inclined to quash FIR being Chirkunda P.S Case No. 34 of 2019 corresponding to G.R. No. 1738 of 2019 pending in the Court of Judicial Magistrate, 1st Class, Dhanbad.

Accordingly, this petition is dismissed.

      Anu-Rajnish/C.P. 3                                                  (ANANDA SEN, J.)