The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2737 of 2022 ------ 1. Bacha Singh @ Bacha Babu Singh aged about 48 years, son of Upadhyay Singh, resident of Nisan Hat, Qr. No. HMD 50D, P.O. & P.S.- Bokaro Thermal, District- Bokaro. 2. Mansu Kumar Hansda @ Mansu Hansda aged about 36 years, son of Ramlal Hansda, resident of village- Kendtand, P.O. & P.S.- Pirtand, District- Giridih. 3. Haradhan Turi aged about 32 years, son of Hiraman Turi, resident of village- Mahtodih, P.O.- Matrukha, P.S. & District- Giridih. 4. Dwarika Ram @ Dwarika Rajwar aged about 42 years, son of Ramdayal Rajwar, resident of village- Kothatand, P.O. & P.S.- Madhuban, District- Giridih. 5. Kamal Turi aged about 56 years, son of Amrit Turi, resident of village- Birangadda, P.O. & P.S.- Madhuban, District- Giridih 6. Suraj Turi aged about 56 years, son of Mohan Turi, resident of village- Birangadda, P.O. & P.S.- Madhuban, District- Giridih. 7. Narayan Mahto aged about 42 years, son of Jailal Mahto, resident of village- Bariyarpur, P.O. & P.S.- Atki, District- Giridih 8. Ajit Rai aged about 58 years, son of Talo Rai, resident of village- Kothatand, P.O. & P.S.- Madhuban, District- Giridih 9. Thanu Ram Mahto aged about 45 years, son of Dhaneshwar Mahto, resident of village- Harladih, P.O. & P.S.- Pirtand, District- Giridih 10. Damodar Turi aged about 37 years, son of Moti Turi, resident of village- Nawada, P.O.- Maniyari, P.S.- Tundi, District- Dhanbad 11. Ajay Hembrom aged about 30 years, son of Nunulal Hembram, resident of village- Chirki, P.O. & P.S.- Pirtand, District- Giridih 12. Dayachand Hembrom aged about 26 years, son of Sonaram Hembram, resident of village- Jobhi, P.O.- Chhachhndo, P.S.- 1 Cr. M.P. No.2737 of 2022 Pirtand, District- Giridih. 13. Mohan Murmu aged about 27 years, son of Shyamlal Murmu, resident of village- Jobhi, P.O.- Chhachhndo, P.S.- Pirtand, District- Giridih … Petitioners Versus The State of Jharkhand … Opposite Party For the Petitioners For the State ------
Legal Reasoning
: Mr. Jitendra Shankar Singh, Advocate Mr. Randhir Kumar, Advocate Ms. Pinki Kumari, Advocate : Ms. Priya Shrestha, Spl.P.P. ------ 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 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceedings arising out of Madhuban P.S. Case No.28 of 2017 corresponding to G.R. No.3685 of 2017 pending before the learned Judicial Magistrate-1st Class, Giridih. 3. The brief facts of the case is that the F.I.R. has been registered on the basis of the written report submitted by the Assistant Sub Inspector of Madhuban Police Station alleging therein that on getting secret information that the ‘Mazdoor Sangathan Samiti’ which is a frontal organization of C.P.I Maoists even though has been declared as unlawful organization by the notification dated 22.12.2017, still the petitioners being the members thereof they were collecting money forcibly from the labourers. On the basis of the written report of the informant, Madhuban P.S. Case No.28 of 2017 has been registered. Police took up the investigation of the case which is going on. 2 Cr. M.P. No.2737 of 2022 4. Learned counsel for the petitioners submits that a co-ordinate Bench of this Court vide judgment dated 11.02.2022 passed in W.P. (Cr.) No.38 of 2018, the copy of which has been kept at Annexure-4, has quashed the said notification dated 22.12.2017 by which the said ‘Mazdoor Sangathan Samiti’ was declared as an unlawful organization and the consequence of that is that, the said notification has become non est since the date of notification itself and as the very basis of this F.I.R. is the said notification declaring ‘Mazdoor Sangathan Samiti’ to be an unlawful organization. Hence, after quashing of the same, the continuation of this criminal proceeding against the petitioners will amount to abuse of process of law. Hence, it is submitted that the entire criminal proceedings arising out of Madhuban P.S. Case No.28 of 2017 corresponding to G.R. No.3685 of 2017 which is now pending before the learned Judicial Magistrate-1st Class, Giridih, be quashed and set aside. 5. Learned Spl.P.P. appearing for the State draws the attention of this Court towards the counter-affidavit dated 05.12.2023 and submits that the said ‘Mazdoor Sangathan Samiti’ has been declared to be an unlawful organization afresh with effect from the notification dated 02.08.2023 so, on and from 02.08.2023, the said ‘Mazdoor Sangathan Samiti’ has become an unlawful organization. Hence, continuing with the activity of the same will attract penal provisions of law. It is lastly submitted that thus the entire criminal proceedings arising out of Madhuban P.S. Case No.28 of 2017 corresponding to G.R. No.3685 of 2017 which is now pending before the learned Judicial Magistrate-1st Class, Giridih, ought not be quashed and set aside and this Cr.M.P., being without any merit, be dismissed. 3 Cr. M.P. No.2737 of 2022 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the very basis of this F.I.R. is the notification by which the said ‘Mazdoor Sangathan Samiti’ was declared an unlawful organization in terms of Section 16 of the Criminal Law Amendment Act, 1908. The undisputed fact remains that the same has been quashed; the corollary is that the same is to be considered non est from the date of its notification itself. In view of the changed circumstances as the notification concerned which is the very basis of this F.I.R., has itself been quashed, this Court is of the considered view that the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law. 7. So far as the contention of the learned Spl.P.P. appearing for the State that on or from 02.08.2023, the said ‘Mazdoor Sangathan Samiti’ has further been declared as an unlawful organization afresh is concerned, if the said organization continues with any of its activities on or after 02.08.2023 then a fresh case may be instituted but certainly the notification declaring the said ‘Mazdoor Sangathan Samiti’ to be an unlawful organization on or from 02.08.2023 will not make the activities of the accused persons of Madhuban P.S. Case No.28 of 2017 corresponding to G.R. No.3685 of 2017 to be an offence for what they did on 24.12.2017 which is the date of occurrence of this case. 8. Under such circumstances, this Court is of the considered view that this is a fit case where the entire criminal proceedings arising out of Madhuban P.S. Case No.28 of 2017 corresponding to G.R. No.3685 of 2017 which is now pending before the learned Judicial Magistrate-1st Class, Giridih, be quashed and set aside. 4 Cr. M.P. No.2737 of 2022 9. Accordingly, the entire criminal proceedings arising out of Madhuban P.S. Case No.28 of 2017 corresponding to G.R. No.3685 of 2017 which is now pending before the learned Judicial Magistrate-1st Class, Giridih, is quashed and set aside. 10.
Decision
In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 15th of May, 2024 AFR/ Animesh-Saroj 5 Cr. M.P. No.2737 of 2022