Rambriksh Prasad Kishri @ ... vs The State Of Jharkhand
2023 Latest Caselaw 3097 Jhar

                                                            Cr. M.P. No.1038 of 2023




           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No.1038 of 2023
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Rambriksh Prasad Kishri @ Rambriksh Prasad Keshri aged about 63 yrs., son of Jagdish Sao, resident of Village & P.O.- Kanha Chatti, P.S.- Rajpur, District- Chatra. ... Petitioner Versus The State of Jharkhand ... Opposite Party

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             For the Petitioner           : Mr. Sushant Kr. Sinha, Advocate
                                            Mr. Rajiv N. Prasad, Advocate
             For the State                : Mr. Vineet Kr. Vashistha, Spl. P.P.
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                                       PRESENT
                 HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


By the Court:-    Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the

jurisdiction of this Court under Section 482 of the Code of Criminal Procedure

with a prayer to quash the entire criminal proceedings including the order

dated 24.09.2019 taking cognizance against the petitioner for the offences

punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code

in Rajpur P.S. Case No.73 of 2018 corresponding to G.R. No.171 of 2021 (S.T.

No.15 of 2021), pending in the court of Additional Sessions Judge-V, Chatra.

3. The allegation against the petitioner is that the petitioner in furtherance

of the common intention with the co-accused persons has attempted to murder

Shambhu Keshri and Pankaj Keshri with a sword while the co-accused persons

were also armed with revolver and caused hurt to Shambhu Keshri, Pankaj

Keshri and the informant and wrongfully restrained them. Police after

investigation of the case found the allegations to be true and submitted charge-

Cr. M.P. No.1038 of 2023

sheet. Upon submission of the charge-sheet, vide order dated 24.09.2019 the

learned Magistrate has taken cognizance of the said offences.

4. Learned counsel for the petitioner submits that the petitioner is innocent.

There is no direct allegation against the petitioner. The injuries sustained by

Shambhu Keshri and Pankaj Keshri are simple in nature. Hence, it is submitted

that the entire criminal proceedings including the order dated 24.09.2019 taking

cognizance against the petitioner in Rajpur P.S. Case No.73 of 2018

corresponding to G.R. No.171 of 2021 (S.T. No.15 of 2021), pending in the court

of Additional Sessions Judge-V, Chatra, be quashed and set aside.

5. Learned Spl.P.P. appearing for the State vehemently opposes the prayer

for quashing the entire criminal proceedings including the order dated

24.09.2019 taking cognizance against the petitioner in Rajpur P.S. Case No.73 of

2018 corresponding to G.R. No.171 of 2021 (S.T. No.15 of 2021), pending in the

court of Additional Sessions Judge-V, Chatra. Learned Spl.P.P. appearing for

the State relies upon paragraph-120.1 of the judgment of the Hon'ble Supreme

Court of India in the case of Lalita Kumari vs. Government of Uttar Pradesh &

Others reported in (2014) 2 SCC 1 and submits that it is a settled principle of

law that the Registration of F.I.R. is mandatory under Section 154 of the Code

of Criminal Procedure if the information discloses commission of a cognizable

offence and no preliminary enquiry is permissible in such a situation. Learned

Spl.P.P. submits that there is direct and specific allegation against the petitioner

that the petitioner was present at the place of occurrence at the time of

occurrence and played an active role in attempting to murder Shambhu Keshri

and Pankaj Keshri and the same is sufficient to constitute the offence

Cr. M.P. No.1038 of 2023

punishable under Section 307, 341, 323, 504/34 of the Indian Penal Code.

Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully

going through the materials available in the record, this Court finds that there

is direct and specific allegation against the petitioner of being in furtherance of

common intention along with the co-accused persons being armed with

revolver and sword, attempted to murder Shambhu Keshri and Pankaj Keshri

and caused hurt to them and other persons and intentionally insulted and

thereby gave provocation to the informant party intending and knowing that

such provocation would cause them to break public peace and commit other

offence. It is a settled principle of law that the High Court in exercise of its

inherent power under Section 482 Cr.P.C. should not stifle a legitimate

prosecution as has been held by the Hon'ble Supreme Court of India in the case

of Monica Kumar (Dr.) & Another vs. State of Uttar Pradesh & Others

reported in (2008) 8 SCC 781.

7. Under such circumstances, this Court is of the considered view that there

is direct and specific allegation against the petitioner of having committed the

alleged offence, hence, this Court do not find any illegality in the entire

criminal proceedings including the order dated 24.09.2019 taking cognizance

against the petitioner in Rajpur P.S. Case No.73 of 2018 corresponding to G.R.

No.171 of 2021 (S.T. No.15 of 2021), pending in the court of Additional Sessions

Judge-V, Chatra. Therefore, there is no justifiable reason for quashing the same.

8. Accordingly, the prayer to quash the entire criminal proceedings

including the order dated 24.09.2019 taking cognizance against the petitioner in

Rajpur P.S. Case No.73 of 2018 corresponding to G.R. No.171 of 2021 (S.T.

Cr. M.P. No.1038 of 2023

No.15 of 2021), pending in the court of Additional Sessions Judge-V, Chatra is

rejected.

9. Accordingly, this Cr.M.P., being without any merit, is dismissed.

(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 23rd of August, 2023 AFR/ Animesh