Jharkhand High Court
Prity Devi vs The State Of Jharkhand on 12 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3705 of 2022
Prity Devi ..... ... Petitioner
Versus
1. The State of Jharkhand
2. Shrawan Ram ..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Sheo Kumar Singh, Advocate.
For the State : Mr. Pankaj Kumar, P.P.
For the O.P. No. 2 : Mr. Rajesh Kumar, Advocate.
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04/ 12.12.2022 This petition has been filed for quashing of the order dated
16.09.2022, passed in Complaint Case No. 122 of 2022, by the learned
A.C.J.M., Nagar Untari, Garhwa, by which, the complaint has been sent
to the concerned police station for registering the FIR and for
investigation in the matter under Section 156(3) Cr.P.C.
2. The informant has filed the complaint petition before the
learned ACJM, Nagar Untari, Garhwa, being Complaint Case No. 122 of
2022, which has been sent by order dated 16.09.2022 to the Nagar Untari
PS for lodging of FIR and as such FIR has been registered as Nagar
Untari P.S. Case No. 101 of 2022, wherein allegation of the informant is
that the informant is Block Development Officer, Nagar Untari, Garhwa
and resides in Qtr. No. C-3 with his daughter and son aged about 13 and
10 years respectively. The informant further stated that on 06.07.2022 at
about 04.00 PM evening accused persons named came in his quarter and
threatened his children and try to open the door of house and accused No.
2 is the petitioner threatened that withdrawn the case lodged by the
informant otherwise their life will be in danger and thereafter the
informant informed the concerned police station. The informant further
alleged that again on 16.08.2022 at about 05.00 PM in evening the
accused persons came in house and forcefully entered his house and they
try to kidnap them and hold their hand and forcefully try to take away and
also stated that their father had lodged case against them and if both
children have been kidnapped then the informant will compromise the
case and on alarm nearby persons came and the accused persons fled
away and both children kept safe from the hands of the accused persons.
The informant has mentioned details of case pending in the learned court
and the informant further alleged that the accused tried regularly to
compromise the case and has created suspicion that accused persons will
kill his children, if they have got opportunity and further alleged that
accused are criminal minded and will kill him also.
3. Mr. Sheo Kumar Singh, learned counsel appearing for the
petitioner submits that the petitioner is the wife of the informant and she
has filed a petition under Section 26 of the Hindu Marriage Act for
custody of the child. He submits that the learned court without applying
its judicial mind, has passed the order under Section 156(3) Cr.P.C. by
order dated 16.09.2022. He further submits that the allegations are not
made out against the petitioner. He further submits that the case of the
petitioner is fully covered in the light of the judgment of the Hon'ble
Supreme Court in the case of Priyanka Srivastava & Anr. Versus State of
U.P. & Ors., reported in (2015) 6 SCC 287.
4. Mr. Pankaj Kumar, learned P.P. appearing for the State and
Mr. Rajesh Kumar, learned counsel, who has appearing suo motu on
behalf of O.P. No. 2 jointly submit that Section 156(3) of Cr.P.C. order is
well reasoned order and after applying its judicial mind and after hearing,
the said order has been passed. They further submit that only FIR is under
challenge and what has been argued on behalf of the petitioner will be the
defence and at this stage, this court may not interfere in the matter.
5. In view of such submissions of the parties, the court has gone
through the materials available on record and finds that in the complaint
there is allegation of entering into the house of the informant and
threatening the informant and also to take away the child. Thus, there are
allegations against the petitioner and the learned court after hearing, has
sent the matter under Section 156(3) Cr.P.C. before the police, by order
dated 16.09.2022 for registering the FIR and also for investigation in the
matter. The said order is not a cryptic order and after hearing, the said
order has been passed. After presentation of the complaint before the
learned court, the learned court is having three options, either to enquire
in to the matter itself or to send it before the police and if not found it
correct, dismiss the petition. However, in the case in hand, the learned
court after being satisfied has referred the said complaint under Section
156(3) Cr.P.C. for registering the FIR and also for further investigation.
6. In that view of the matter, no relief can be extended to the
petitioner. Accordingly, this petition is dismissed.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
