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2013 DIGILAW 753 (JHR)

Anima Baa v. State of Jharkhand

2013-06-27

R.R.PRASAD

body2013
ORDER 1. Learned counsel appearing for the petitioners submits that this application shall not be pressed so far petitioner No.2 is concerned and, therefore, the prayer made in this application shall be confined to petitioner No.1 only. 2. In view of the submission, let the name of the petitioner No.2 be deleted from the memo of the petition. I.A. No.3936 of 2013. 3. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State on an interlocutory application. 4. Learned counsel appearing for the petitioner submits that this application has been filed for quashing of the first information report, but while the matter was pending for hearing, cognizance of the offence has been taken vide order dated 29.01.2013, on submission of the charge sheet and, therefore, order dated 29.01.2013, under which cognizance of the offence has been taken, has been challenged to be bad and, therefore, prayer made in the I.A. be allowed to be incorporated in the main application. 5. Prayer made in the I.A. No.3936 of 2013 is, hereby, allowed. 6. Let the interlocutory application form part of the main application. Cr. M.P. No. 302 of 2013 7. Learned counsel appearing for the petitioner submits that the petitioner is the Secretary of a non-government organization named as South Vihar Welfare Society for Tribal. The said organization has been formed for development and welfare of the tribals of the State of Jharkhand. One other such organization is also there to which the informant is the General Secretary, who, on account of rivalry going on in between these two organizations, intends to demean the prestige of the petitioner's organization. With such view, a case has been lodged against this petitioner, putting forth the allegation of commission of the offence under Sections 363/ 366/ 354/376 and 511 of the Indian Penal Code and also under Section 5 of the Immoral Traffic Prevention Act, on the basis of the statements, said to have been made by three girls, who have alleged to have been kidnapped, but from the statements made by all the three girls, it would appear that no offence, under which first information report has been lodged, is made out so far this petitioner is concerned. Moreover, whatever allegations have been made, that have been lodged to wreck vengeance against the petitioner as at the instance of the petitioner, cases had been lodged against the Office Bearer of the informant's N.G.O., namely, Jharkhand Human Rights Movement. 8. In view of the submission, let notice be issued to the Opp. Party No.2, to show cause as to why not this application be admitted and/or if possible be disposed of at the time of admission itself for which requisites etc. under registered cover with A/D must be filed by tomorrow i.e. on 28.06.2013. 9. Let this case be listed on of the appearance of the Opp. Party No.2. 10. Till then, no coercive action shall be taken against the petitioner in connection with T. Tangar P.S. Case No.55 of 2012 (G.R. No.375 of 2012), pending in the court of Shri K.K. Pd., learned Judicial Magistrate, Class, Simdega. Ordered accordingly.