Jharkhand High Court
Deepa Rani vs The State Of Jharkhand on 9 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1403 of 2020
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1.Deepa Rani
2.Bittu Kumar @ Robin Kumar Saw
3.Nagarmal Sao
4.Sarita Devi
5.Sandhya Kumari ... Petitioners
-versus-
The State of Jharkhand ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
THROUGH VIDEO CONFERENCING
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For the Petitioners : Mr. Achyut Swaroop Mishra, Advocate
For the State: Mr. Satish Kumar Keshri, A.P.P.
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5/ 09.03.2021 Heard learned counsel for the petitioner and the learned counsel
appearing for the State through Video Conferencing. 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 complain with respect to the
audio and video clarity and quality.
2. Petitioners, in this criminal miscellaneous petition, have prayed for
quashing the First Information Report, registered as Ichak Police Station Case
No.49 of 2020 for offences punishable under Sections 341/323/324/354/342/
364/448/379/384/385/504/506/120B of the Indian Penal Code.
3. Counsel appearing for the petitioner submits that the entire family
of the petitioners have been made accused. He submits that Bittu Kumar was
not even present at the place of occurrence on the date as mentioned in the
First Information Report as he was in Rajasthan. He further submits that the
informant is a psychic patient and is undergoing treatment under a psychiatrist
and the entire First Information Report is nothing but a malicious proceeding
and is an exaggeration with all false documents. He further relies upon the
judgment passed by the Hon'ble Supreme Court in the case of State of
Haryana & Others versus Bhajan Lal & Others reported in 1992 Supp(1)
SCC 335 and refers to paragraph 102 Clause (7) thereof. He submits that
since this is a malicious prosecution, the First Information Report needs to be
quashed.
4. I have gone through the entire complaint petition, which is subject
matter of the First Information Report. From the entire complaint petition, I find
that there is allegation, which makes out offence under Sections 341/323/324/
354/342/364/448/379/384/385/504/506/120B of the Indian Penal Code. Since
an offence is made out the First Information Report cannot be quashed. The
Hon'ble Supreme Court in the case of Rupan Deol Bajaj & Another versus
K.P.S. Gill & Another, reported in (1995) 6 SCC 194, Rajesh Bajaj versus
State NCT of Delhi & Others, reported in (1999) 3 SCC 259 and Medchl
Chemicals & Pharma (P) Ltd. versus Biological E Ltd. & Ors, reported in
(2000) 3 SCC 269 has held that if prima facie case is made out disclosing the
ingredients of the offence, Court should not quash the complaint. The note of
caution was reiterated that while considering such petitions the Courts should
be very circumspect, conscious and careful. Thus, there is no controversy
about the legal proposition that in case a prima facie case is made out, the FIR
or the proceedings in consequence thereof cannot be quashed.
5. Further, the grounds, which have been taken by the petitioners
are question of facts, which needs investigation and the case is still under
investigation. These disputed facts cannot be looked into at this stage by this
Court where the petitioners are seeking to quash the First Information Report.
6. Since an offence is made out from the First Information Report, I
do not find any ground to quash the First Information Report registered as
Ichak Police Station Case No.49 of 2020.
7. This criminal miscellaneous petition is, accordingly, dismissed.
(Ananda Sen, J.)
Kumar/Cp-03
