Kiran Singh @ Kiran Devi vs The State Of Jharkhand
2022 Latest Caselaw 3769 Jhar

                                     1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Cr.M.P. No. 2821 of 2022

Kiran Singh @ Kiran Devi                          ...... Petitioner
                       Versus

1.The State of Jharkhand
2.Abha Kumari                               ......Opposite Parties
                     ---------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---------

For the Petitioner : Mr. Abhishek Krishna Gupta, Advocate For the State : Mr. Satish Prasad, A.P.P.

02/Dated: 19/09/2022 The present petition has been filed for setting aside cognizance order

dated 27.08.2020 passed in connection with Complaint-cum-Protest POSCO

Case No. 88 of 2019 (arising out of POSCO 86/2018) including entire criminal

proceedings, pending in the court of learned A.J.C-IV, Ranchi.

Learned counsel for the petitioner submits that the petitioner is

protected under section 202 Cr.P.C. but learned court without following the

procedure has taken cognizance against the petitioner. Learned counsel for the

petitioner relied on judgment of the Hon'ble Supreme Court to that effect.

Mr. Satish Prasad, learned counsel for the State submits that there is

serious allegation against the petitioner and the case has been lodged under

several sections of I.P.C. including POCSO Act. He further submits that learned

court has taken cognizance by order dated 27.08.2020 which is well-reasoned

order which requires no interference by this Court.

Perused the materials on record. In the contents of F.I.R. as well as in the

protest petition there are serious allegations against the petitioner. It has been

disclosed therein that how the victim has been exploited sexually. In spite of

serious allegation the police not sent up the petitioner for trial. The protest

petition has been filed. On perusal of cognizance order, the Court finds that

learned court has discussed materials very minutely before taking cognizance.

The victim has supported her statement under section 164 Cr.P.C which is

recorded in the cognizance order. The complainant was examined on Solemn

Affirmation after submission of chargesheet thereafter learned court has taken

cognizance. The cognizance order speaks that victim was minor on the date of

occurrence i.e. 23.07.2017 and considering this aspect of the matter, learned

court has taken cognizance. The petitioner happens to be a lady, was indulged

in such act which is very heinous. Being a lady at least she was required to

protect the child. Seeing the crime, learned court has rightly taken cognizance.

Arguments advanced by the learned counsel for the petitioner are his

defence which can only be considered in trial. This petition is dismissed.

Pending, I.A., if any stands dismissed.

(Sanjay Kumar Dwivedi, J.) Satyarthi/