Opposite Party v. For the
Case Details
1 Cr.M.P. No. 345 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 345 of 2023 Bindeshwar Kumar @ Rahul Kumar @ Bhalu, aged about 37 years, S/o Tekman Ram, R/o Sector 9C Street-18 Quarter No./ 94, P.O.- Sector IX, P.S.- Harla, District- Bokaro (Jharkhand ) -827009 ...... Petitioner The State of Jharkhand ….. Opposite Party Versus For the Petitioner For the State
Legal Reasoning
: Mr. Brij Bihari Sinha, Adv. : Mr. Pankaj Kumar, PP P R E S E N T 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 Cr.P.C. with a prayer for quashing the entire criminal proceeding arising out of the Harla P.S. Case no. 89 of 2021 corresponding to G.R. No. 1097 of 2021 as well as the order taking cognizance dated 26.11.2021 whereby and where under, learned JMFC, Bokaro has taken cognizance for the offence under Section 366 of IPC has been taken against the petitioner differing with the Final Form submitted by police, in which, the police did not sent the petitioner for trial, because of lack of evidence. 3. The brief facts of the case is that the petitioner is a close friend of Dilip Kumar @ Chotu Manjhi and the said Dilip Kumar @ Chotu Manjhi was in love with the victim and the petitioner assisted Dilip Kumar @ Chotu Manjhi in taking away the victim who is a major lady of 21 years. The police after investigation of the case has taken consideration of the statement recorded under Section 164 of CrPC of the victim, wherein she has categorically stated that the petitioner assisted the co-accused person, in enticing her 2 Cr.M.P. No. 345 of 2023 away and establishing the physical relationship with her. The independent witnesses examined during the investigation of the case, have stated that at time of the occurrence, the petitioner was present in Bihar , which was also confirmed from the Call Details Report of the mobile phone of the petitioner, from which it was established that the petitioner was at Muzaffarpur, Rohtas in the state of Bihar from 25.06.2021 to 30.06.2021, hence, the police submitted supplementary Final Form by not sending up the petitioner for trial. Learned Magistrate, did not consider the aspect of the investigation wherein the police found the petitioner to be present at Muzaffarpur (Rohtas) in the state of Bihar from 25.06.2021 to 30.06.2021 whereas the alleged occurrence took place on 28.06.2021 at Sector IX B of Bokaro Steel City, in the state of Jharkhand and has taken cognizance in respect of the petitioner as well differing from the final form submitted by the police. 4. Learned counsel for the petitioner submits that when learned Magistrate differs from the Final Form submitted by police, then it has to assign cogent reason for doing the same but no reason has been assigned, hence, it is submitted that entire criminal proceeding as well as the order taking cognizance dated 26.11.2021 in connection with Harla P.S. Case no. 89 of 2021 corresponding to G.R. No. 1097 of 2021 be quashed and set aside qua the petitioner. 5. Learned P.P. on the other hand, vehemently opposes the prayer for quashing the entire criminal proceeding as well as the order taking cognizance dated 26.11.2021 in connection with Harla P.S. Case no. 89 of 2021 corresponding to G.R. No. 1097 of 2021 and submits that as the victim has stated in her statement under Section 164 of CrPC, that the petitioner assisted in her being enticed away by the co-accused Dilip Kumar @ Chotu Manjhi and other witnesses have also supported the same during the investigation of the case, hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the submissions made at the Bar and after going through the materials available in the record, the undisputed fact 3 Cr.M.P. No. 345 of 2023 remains that the victim is a major lady and no specific role has been assigned to the petitioner by any of the witnesses as to in what manner, he has assisted in abduction of the victim by the co- accused, with intent that she may be compelled or knowing it to be likely that she will be compelled to marry any person, against her will, and the undisputed fact remains that the petitioner was at Muzaffarpur (Rohtas) in the State of Bihar from 25.06.2021 to 30.06.2021 and the alleged occurrence took place on 28.06.2021 at Bokaro, in the State of Jharkhand. It is evident from the statement of the victim recorded under Section 164 of CrPC that the petitioner only told the victim that the co-accused Dilip Kumar @ Chotu Manjhi, will arrange a job for the victim, hence, she can go with him but it is the admitted case of the victim herself that on 28.06.2021, when she went with the co-accused Dilip Kumar @ Chotu Manjhi from Bokaro station by a train, the petitioner did not accompany them. It is also admitted case of the victim that she stayed in Gujarat with the co-accused Dilip Kumar @ Chotu Manjhi, after the co-accused Dilip Kumar @ Chotu Manjhi put vermillion and Mangalsutra upon her for some days and there is no allegation that the petitioner was anyway with them. 7. Under such circumstances and in view of the undisputed fact, that the petitioner was not present, either at Bokaro or at any place where the victim was with the co-accused Dilip Kumar @ Chotu Manjhi, learned JMFC, Bokaro has committed a gross illegality by differing with the Final Form submitted by the police in the case, hence, the continuation of this criminal proceeding will amount to abuse of process of law. Therefore, this Court is of the considered view that this is a fit case, where the entire criminal proceeding as well as the order taking cognizance dated 26.11.2021 in connection with Harla P.S. Case no. 89 of 2021 corresponding to G.R. No. 1097 of 2021 be quashed and set aside qua the petitioner. 8. Accordingly, entire criminal proceeding as well as the order taking cognizance dated 26.11.2021 in connection with the Harla P.S. Case no. 89 of 2021 corresponding to G.R. No. 1097 of 2021 is quashed and set aside qua the petitioner. 4 Cr.M.P. No. 345 of 2023 9. In the result, this criminal miscellaneous petition is allowed qua the petitioner. High Court of Jharkhand, Ranchi Dated, the 4th March, 2024 Smita /AFR (Anil Kumar Choudhary, J.)