Jharkhand High Court
Manohar Paswan vs The State Of Jharkhand on 21 July, 2022
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 1224 of 2022
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Manohar Paswan, aged about 45 years, son of Bhim Ram, resident of
Village Rupaitha, PO and PS-Nokha, District Rohtas (Sasaram), Bihar
..... Petitioner
-- Versus --
1.The State of Jharkhand
2.Asha, aged about 33 years daughter of late Ramdeo Ram, permanent
address villge Dharampur, PO Kailo Dehri (Andhari) Block Sadar, PS Dehri,
District Bhojpur, Ara, Bihar, presently residing at Hatma, Kanke Road
(renter in the house of Vijay Kumar), PO and PS Gonda District Ranchi
...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Surendra Pratap Singh, Advocate
For the State :- Mr. Shiv Shankar Kumar, Advocate
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4/21.07.2022 This petition has been filed for quashing the order taking
cognizance dated 11.12.2020 and the order of charge framed dated
16.03.2022 arising out of Gonda P.S.Case No.63 of 2020, G.R.No.3665 of
2020 [Sessions Trial No.21 of 2022], pending in the court of A.J.C.1 st cum
Special Judge, FTC (CAW), Ranchi.
The case was instituted against the petitioner on the basis
of written information submitted by the informant Asha alleging
therein that I, Asha doing work of nursing and it is further alleging
therein that on 23.03.2020 a call had come from Mobile
No.9631176947, 8651138675 and 787065348 on my Mobile
7050224410 and 9905802434. He talked to me and disclosed his
name as Manohar Paswan son of Bhim Ram, resident of Village
Rupaitha, Block Nokha District Rohtas, Sasaram, Bihar. Manohar
Paswan further told that I am unmarried and doing job in
Aurangaad Collectoriate in Bihar. Informant told that he further told
that I am willing to merry with you. Then informant told that I am
already married and having children. Then he told that he has no
objection and am in knowledge that you have been neglected by
your husband. It is further stated by the informant that she stopped
to talk on by cutting call. But he used to contact me by way of
facebook, whatsapp and messages and always used to disturb. I
want to overlook, but suddenly he came to my residence on
26.05.2020 and established physical relationship with me on
promise to marriage. But he did not marry with me. It is further
stated by the informant that she become mentally ill and lodging a
FIR against Manohar Paswan son of Bhim Ram with a request to
take necessary legal action against him.
The learned counsel for the petitioner submits that the
entire criminal proceeding is fit to be quashed on the ground that FIR
was lodged after 3 months of the alleged occurrence and there is no eye
witness and no case is made out against the petitioner. He further
submits that the charge has also been framed which is under challenge
in this petition.
The learned counsel for the respondent State submits that
there is no illegality and the court has rightly taken the cognizance and
framed charge.
It is well known that cases under section 376 IPC merely on
the ground of delay it would not be thrown away the proceeding as has
been held in several judgments of Hon'ble Supreme Court as well as the
High Courts. There are allegations of calling upon the informant and
establishing relationship fraudulently even if the relationship has been
established on the false marriage that is also required to be proved in the
trial. What are the materials in the charge sheet that has not been before
this Court and this Court is not in a position to appreciate the materials
brought on record of trial court by the investigating agency. The learned
court has applied its mind in taking cognizance and has taken cognizance
after looking into the materials available in the FIR, charge sheet and
other documents and the order framing charge is a speaking order for
framing of charge and the only requirement is to explain the charge
properly and in clear term that has been done by the learned court.
There is no illegality in the order framing charge.
Cr.M.P.No.1224 of 2022 is accordingly dismissed.
I.A. if any also stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/,
