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2023 DIGILAW 1064 (JHR)

Sahabuddin Ansari @ Sahbudin Ansari, S/o. Juman Ansari v. State of Jharkhand

2023-08-22

ANIL KUMAR CHOUDHARY

body2023
JUDGMENT : Anil Kumar Choudhary, J. 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 including order dated 05.03.2022 passed by learned JMFC, Bokaro whereby and where under, learned JMFC, Bokaro took cognizance against the petitioner under Section 341, 323, 379, 504 and 506 of IPC in connection with C.P. Case no. 861 of 2020. 3. The allegation against the petitioner is that the petitioner on 05.01.2020, criminally intimidated the complainant, voluntarily caused hurt to her, wrongfully restrained her and committed theft of Rs.4,300/- and demanded extortion of Rs.6,00,000/- and threatened that unless she pays extortion amount, the petitioner will cut her and throw her. Learned Magistrate on the basis of the complaint, the statement under solemn affirmation of the complainant and the statement of the enquiry witnesses found prima facie case for the offences punishable under Section 341, 323, 379, 504, and 506 of IPC and directed for issuance of summon. 4. Learned counsel for the petitioner submits that the allegation against the petitioner is false and fabricated and the allegation does not make out any criminal offence against the petitioner. The complaint is related to civil dispute pertaining to land and the petitioner is a member of police force and he had been deputed and posted as constable in the High court of Jharkhand, Ranchi and has been performing his duties since July, 2020, and has not taken a single day leave in the month of October, 2020. It is further submitted that because of long standing dispute pertaining to land, this false case been foisted against the petitioner, hence, it is submitted that the entire criminal proceeding including order dated 05.03.2022 passed by the JMFC, Bokaro in connection with C.P. Case no. 861 of 2020 be quashed and set aside. 5. Learned Addl. PP and learned counsel for the opposite party no. 2 opposes the prayer for quashing the entire criminal proceeding including order dated 05.03.2022 by learned JMFC, Bokaro in connection with C.P. Case no. 861 of 2020 and submits that there is direct and specific allegation against the petitioner of having committed all the offences for which, learned Magistrate, found prima facie case, hence, this criminal miscellaneous petition being without any merit be dismissed. 6. 861 of 2020 and submits that there is direct and specific allegation against the petitioner of having committed all the offences for which, learned Magistrate, found prima facie case, hence, 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, it is crystal clear that there is direct and specific allegation against the petitioner for having criminally intimidated the complainant and intentionally insulted her and thereby gave provocation to the complainant knowing it to be likely that such provocation will cause her to break public peace and there is also allegation against the petitioner of committing theft of Rs.4,300/- and voluntarily causing hurt to the complainant as well as wrongfully restraining her. Besides the contents of the complaint, the averments made in the complaint is supported by the statement under solemn affirmation of the victim as also the other five enquiry witnesses. It is pertinent to mention here that it is a settled principle of law, that a legitimate prosecution cannot be stifled by exercise of power under Section 482 Cr.P.C., as has been held by the Hon’ble Supreme Court of India in the case of Monica Kumar (Dr.) and another v. State of Uttar Pradesh and others., reported in (2008) 8 SCC 781 . The existence of land dispute between the parties certainly does not confer any right upon any party to commit any offence. In the absence of any unimpeachable document to completely rule out the involvement of the petitioner and the alleged offence, the plea of alibi is at best a defence, which can be taken by the petitioner at the time of trial of the case, but the same is certainly not a ground to quash the entire criminal proceeding at this nascent stage. 7. Considering the facts of the case, this court is of the considered view that there is no justifiable reason, to quash the entire criminal proceeding including order dated 05.03.2022 passed by learned JMFC, Bokaro in connection with C.P. Case no. 861 of 2020. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. 8. The interim order, if any, passed earlier stands vacated. 9. The Registry is directed to intimate the court concerned forthwith.