Vimli Devi @ Vimla Devi @ Bimla Devi & Anr vs The State Of Jharkhand & Anr. .... .... ...
2026 Latest Caselaw 960 Jhar

Jharkhand High Court

Vimli Devi @ Vimla Devi @ Bimla Devi & Anr vs The State Of Jharkhand & Anr. .... .... ... on 10 February, 2026

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 2375 of 2025
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Vimli Devi @ Vimla Devi @ Bimla Devi & Anr.

.... .... .... Petitioners Versus The State of Jharkhand & Anr. .... .... .... Opp. Parties

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CORAM:HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Shravan Kumar, Advocate : Ms. Sandhya Singh, Advocate For the State : Ms. Nehala Sharmin, Spl. P.P. For O.P. No.2 : Mr. Hadish Ansari, Advocate

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Order No.03 Dated- 10.02.2026 I.A. No.1985 of 2026

Heard the parties.

This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition.

Since, hearing of this criminal miscellaneous petition is taken up today, hence, this interlocutory application is disposed of being infructuous.

(Anil Kumar Choudhary, J.)

Heard the parties.

Learned counsel for the opposite party no.2 prays for time. Prayer for time is allowed as the last chance. List this criminal miscellaneous petition after six weeks.

(Anil Kumar Choudhary, J.)

Heard the parties.

Learned counsel for the petitioners submits that this interlocutory application has been filed with the prayer to stay the further proceeding of Daltonganj Town P.S. Case No. 98 of 2023, pending in the court of Judicial Magistrate, Palamau till disposal of the instant criminal miscellaneous petition. It is submitted by the learned counsel for the petitioners that the dispute between the parties is of civil nature and the case is next fixed to 13.02.2026 for framing of charge. Hence, it is submitted that the further proceeding be quashed.

Learned Spl. P.P. and the learned counsel for the opposite party no.2 on the other hand opposes the prayer for stay of further proceeding and submits that since the prayer as made in this criminal miscellaneous petition is to quash the entire criminal proceeding and the case is now fixed for consideration of framing of charge; so the trial court is better placed to adjudicate the matter because of the entire materials available in the record is before it, to take a call on the same hence, there is no justifiable reason to stay the proceeding and thereby depriving the trial court from taking a call in the matter of framing of the charge. Hence, this interlocutory application being without any merit be dismissed.

Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that it is a settled principle of law that the trial court before whom the entire materials is available should be preferred to take a call on the merits of the case. It is admitted case of the petitioners that the case is already fixed before the learned Judicial Magistrate, Palamau for consideration of framing of charge on 13.02.2026. Therefore, this Court is of the considered view that there is no harm in allowing the Magistrate to take a call in the matter of framing of charge and the petitioners are free to raise all their grievances before the Magistrate at the time of framing of the charge. Therefore, this Court is not inclined to restrict the learned Magistrate to take a call on framing of charge by passing the stay order.

Accordingly, this interlocutory application being without any merit is dismissed.

(Anil Kumar Choudhary, J.) 10.02.2026 Sonu/Gunjan-