Dilip Kumar Sahu @ Dilip Sao v. State of Jharkhand
2016-01-25
PRASHANT KUMAR
body2016
DigiLaw.ai
ORDER : In this writ application the petitioner has prayed for quashing the entire criminal proceeding relating to Rajrappa P.S. case no. 197/2014 dated 22.12.2014, corresponding to G.R. No. 5137/2014, instituted under sections 376/302 of the Indian Penal Code, pending in the court of District & Sessions Judge-cum-Special Judge, POSCO, Hazaribagh. 2. It is submitted by Mr. Indrajit Sinha, learned counsel for the petitioner that one Chandmuni Soren lodged an F.I.R. in Rajrapp Police Station vide Rajrappa P.S. case no. 196/2014 ( corresponding to G.R. No. 5136/2014) wherein she alleged that she and the deceased ( Priya Murmu) were working in the hotel , namely, Vasundhara Vatika, Hazaribagh, situated at Rajrappa More, Chitarpur. In the said F.I.R., she further alleged that on 15.12.2014, in the night at about 8 p.m., while she and Priya Murmu were sleeping in the hotel, suddenly the petitioner and two others came and they committed rape upon them. It is further alleged in the aforesaid F.I.R. that due to rape, Priya Murmu received injuries on her private part, because of that she was bleeding. It is also stated that this petitioner took Priya Murmu to the hospital for her treatment, but during treatment she died. Sri Sinha submits that for the same set of the allegation, father of Priya Murmu lodged another F.I.R. bearing Rajrappa P.S. case no. 197/2014, wherein he alleged that on 15.12.2014, this petitioner committed rape with his daughter namely, Priya Murmu and the same was witnessed by Chandmuni Soren (informant of the F.I.R. of Rajrappa P.S. case no. 196/2014). It is further alleged that because of the said rape Priya Murmu was bleeding and during treatment, she died. It is submitted that since the fact of the present F.I.R. is covered by the first case, i.e. Rajrappa P.S. Case no. 196/2014, therefore, in view of the judgment of Hon'ble Supreme Court in T.T. Antony Vs. State of Kerala and Others reported in 2001(6) SCC 181 and Amit Bhai Anil Chandra Shah Vs. Central Bureau of Investigation and Another reported in (2013) 6 SCC 348 , the present proceeding is liable to be quashed. 3.
196/2014, therefore, in view of the judgment of Hon'ble Supreme Court in T.T. Antony Vs. State of Kerala and Others reported in 2001(6) SCC 181 and Amit Bhai Anil Chandra Shah Vs. Central Bureau of Investigation and Another reported in (2013) 6 SCC 348 , the present proceeding is liable to be quashed. 3. On the other hand, Sri Vishal Kumar Trivedi, JC to SC-II submits that in the instant case, police investigated entire matter and after investigation submitted charge-sheet against the petitioner under section 376(A) of the I.P.C., section 6 of the POSCO Act and section 3(i)(xii) of the Schedule Caste and Schedule Tribe (Prevention of Atrocity) Act. It is submitted that in connection with Rajrappa P.S. Case no. 196/2014, the police after investigation submitted charge-sheet only under section 376(D) of the I.P.C., section 6 of the POSCO Act and 3(i)(xii) of the Schedule Caste and Schedule Tribe (Prevention of Atrocity) Act. It is further submitted that in the first case i.e. Rajrappa P.S. Case no. 196/2014, no charge-sheet submitted under section 376(A) of the I.P.C. Thus, no interference required by this court, so far this case is concerned. 4. In reply, Sri Sinha, submits that in view of the judgment of the Hon'ble Supreme Court in Amit Bhai Anil Chandra Shah (Supra ), the charge-sheet submitted after investigation of second case i.e. Rajrappa P.S. case no. 1976/2014, the said charge-sheet will be treated as supplementary charge-sheet of the first case i.e. Rajrappa P.S. Case no. 196/2014, therefore, there is no impediment in quashing the proceeding of the second case, because the charge-sheet submitted in the second case will be treated as supplementary charge-sheet of the first case. 5. Having heard the submissions, I have gone ghrough the records of the case. 6. From perusal of both the First Information Reports, I find that the allegation of rape and due to rape the death of Priya Murmu (daughter of the informant of Rajrappa P.S. Case no. 197/2014) is common. It further appears from the record that police investigated both the cases and submitted charge-sheet in both cases. Under the said circumstance, in view of the judgment of the Hon'ble Supreme Court in T.T. Antony Vs. State of Kerala and Others (Supra), I find that the second F.I.R i.e. Rajrappa P.S.case no. 197/2014 is not maintainable. 7.
197/2014) is common. It further appears from the record that police investigated both the cases and submitted charge-sheet in both cases. Under the said circumstance, in view of the judgment of the Hon'ble Supreme Court in T.T. Antony Vs. State of Kerala and Others (Supra), I find that the second F.I.R i.e. Rajrappa P.S.case no. 197/2014 is not maintainable. 7. Thus, I quash the entire criminal proceeding in connection with Rajrappa P.S. case no. 197/2014 dated 22.12.2014 corresponding to G.R. No. 5137/2014 with a direction that the charge-sheet submitted in Rajrappa P.S. case no. 197/2014 dated 22.12.2014 corresponding to G.R. No. 5137/2014 be treated as supplementary charge-sheet in Rajrappa P.S. Case no. 196/2014, corresponding to G.R. No. 5136/2014, which is now pending in the court of District & Sessions Judge-cum-Special Judge, POSCO, Ramgarh. 8. With the aforesaid observation and direction, this writ application is disposed of.