1. Ehshanullah Khan @ Ahshanullah Khan, aged about 65 years, son of Late Nazeeb v. 1. The State of Jharkhand 2. Md. Shekh Jawed, S/o Md. Mobin, resident of
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2001 of 2022 1. Ehshanullah Khan @ Ahshanullah Khan, aged about 65 years, son of Late Nazeeb Ullah Khan. 2. Md. Raziulla Khan, aged about 33 years. 3. Md. Saif Ali @ Chhotu, aged about 32 years, 3 & 4 both sons of Ehshanullah Khan, all resident of Naya Bazar, Yatim Khana Road, P.O. – Nayabazar, P.S. –Bankmore, District –Dhanbad. .... Petitioners Versus 1. The State of Jharkhand 2. Md. Shekh Jawed, S/o Md. Mobin, resident of Yatimkhana Road, Nayabazar, P.O. –Nayabazar, P.S. –Bankmore, District –Dhanbad. …. Opp. Parties P R E S E N T
Legal Reasoning
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners For the State For the O.P. No.2 : Mr. Kalyan Banerjee, Advocate : Mr. V.K. Vashistha, Spl. P.P. : Mr. Avilash Kumar, Advocate : Mr. Rajiv Kr. Karan, Advocate : Mr. M.B. Lal, Advocate ….. By the Court:- 1. 2. Heard the parties. 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 First Information Report of Bankmore P.S. Case No. 261 of 2021 corresponding to G.R. Case No. 3275 of 2021 as well as the order taking cognizance dated 10.01.2022 for the offences punishable under Section 341/323/324/379/34 of the Indian Penal Code. 1 Cr.M.P. No.2001 of 2022 3. The brief facts of the case is that on 26.09.2021 at about 8:30 P.M., the petitioners in furtherance of their common intention caused hurt to the informant by dangerous weapons and committed theft of his gold ring, wrongfully restrained him and caused hurt to him by pressing his neck. On the basis of the written report submitted by the informant, police registered Bankmore P.S. Case No. 261 of 2021 and took up investigation of the case. After completion of the investigation, police found that the offences punishable under Section 341/323/34 of the Indian Penal Code is made out against the petitioners but the learned Magistrate taking into account the statement of the witnesses appearing in para-8 & 9 of the case diary, found that there is sufficient material available in the record to make out the offences punishable under Section 341/323/324/379/34 of the Indian Penal Code and took cognizance of the said offences. 4. It is submitted by the learned counsel for the petitioners that the allegation against the petitioners is false and because of land dispute between the parties, this false case has been foisted with ulterior motive. It is then submitted that the genesis of the occurrence is regarding parking of the vehicle in front of the house of the petitioners. It is next submitted that this F.I.R. is a counter blast to M.P. Case No. 1213 of 2021 under Section 107 Cr.P.C. It is further submitted by the learned counsel for the petitioners that the witness whose statement was recorded by the I.O. of the case over phone is silent about snatching of the money. 2 Cr.M.P. No.2001 of 2022 Similarly, the witness in para-9 of the case diary has not supported the snatching of gold ring. Hence, it is submitted by the learned counsel for the petitioners that the prayer as made in this criminal miscellaneous petition be allowed. 5. The learned Special Public Prosecutor and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer for quashing the First Information Report of Bankmore P.S. Case No. 261 of 2021 corresponding to G.R. Case No. 3275 of 2021 as well as the order taking cognizance dated 10.01.2022 for the offences punishable under Section 341/323/324/379/34 of the Indian Penal Code. It is submitted by the learned counsel for the opposite party no.2 that in the meanwhile, charge has been already framed and there is ample material in the record to suggest that the offences punishable under Section 324 and 379 of the Indian Penal Code has also been committed by the petitioners besides the offences for commission of which charge sheet has been submitted. 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 in the record, this Court finds that it is not the case of the petitioners that the offences punishable under Section 341/323/34 in respect of which charge sheet has been submitted by the police has not been committed by the petitioners. Since, charge sheet has already been submitted by the police after investigation of the case, there is no scope for 3 Cr.M.P. No.2001 of 2022 quashing the F.I.R. of the case when it is not even the case of the petitioners that if the allegations made in the F.I.R., the materials collected during the investigation of the case as mentioned in the case diary and the charge sheet if taken to be true, no offence is made out against the petitioners. Hence, this Court is of the considered view that there is no justifiable reason to quash the F.I.R. of Bankmore P.S. Case No. 261 of 2021. 7. So far as the order taking cognizance dated 10.01.2022 in connection with the said Bankmore P.S. Case No. 261 of 2021 is concerned, there is direct and specific allegation in the F.I.R. against the petitioners being in furtherance of common intention inter alia committed theft of gold ring of the opposite party no.2- informant. The opposite party no.2-informant in his statement recorded by the police under section 161 of the Code of Criminal Procedure, has also supported the same and his testimony is supported by the testimony of the informant of the case. It has also been submitted at the Bar that charge has already been framed in this case. Under such circumstances, at this stage, this Court is not inclined to interfere with the order taking cognizance dated 10.01.2022 as well. 8. 9. The trial court is directed to take a call at the relevant stage. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 24th April, 2024 AFR/Sonu-Gunjan/- 4 Cr.M.P. No.2001 of 2022