Rambriksh Prasad Kishri @ Rambriksh Prasad Keshri S/o Jagdish Sao v. State of Jharkhand
2023-08-23
ANIL KUMAR CHOUDHARY
body2023
DigiLaw.ai
JUDGMENT : ANIL KUMAR CHOUDHARY, J. 1. 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 including the order dated 24.09.2019 taking cognizance against the petitioner for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code in Rajpur P.S. Case No. 73 of 2018 corresponding to G.R. No. 171 of 2021 (S.T. No. 15 of 2021), pending in the court of Additional Sessions Judge-V, Chatra. 3. The allegation against the petitioner is that the petitioner in furtherance of the common intention with the co-accused persons has attempted to murder Shambhu Keshri and Pankaj Keshri with a sword while the co-accused persons were also armed with revolver and caused hurt to Shambhu Keshri, Pankaj Keshri and the informant and wrongfully restrained them. Police after investigation of the case found the allegations to be true and submitted charge-sheet. Upon submission of the charge-sheet, vide order dated 24.09.2019 the learned Magistrate has taken cognizance of the said offences. 4. Learned counsel for the petitioner submits that the petitioner is innocent. There is no direct allegation against the petitioner. The injuries sustained by Shambhu Keshri and Pankaj Keshri are simple in nature. Hence, it is submitted that the entire criminal proceedings including the order dated 24.09.2019 taking cognizance against the petitioner in Rajpur P.S. Case No. 73 of 2018 corresponding to G.R. No. 171 of 2021 (S.T. No. 15 of 2021), pending in the court of Additional Sessions Judge-V, Chatra, be quashed and set aside. 5. Learned Spl. P.P. appearing for the State vehemently opposes the prayer for quashing the entire criminal proceedings including the order dated 24.09.2019 taking cognizance against the petitioner in Rajpur P.S. Case No. 73 of 2018 corresponding to G.R. No. 171 of 2021 (S.T. No. 15 of 2021), pending in the court of Additional Sessions Judge-V, Chatra. Learned Spl.
5. Learned Spl. P.P. appearing for the State vehemently opposes the prayer for quashing the entire criminal proceedings including the order dated 24.09.2019 taking cognizance against the petitioner in Rajpur P.S. Case No. 73 of 2018 corresponding to G.R. No. 171 of 2021 (S.T. No. 15 of 2021), pending in the court of Additional Sessions Judge-V, Chatra. Learned Spl. P.P. appearing for the State relies upon paragraph-120.1 of the judgment of the Hon’ble Supreme Court of India in the case of Lalita Kumari vs. Government of Uttar Pradesh and Others, (2014) 2 SCC 1 and submits that it is a settled principle of law that the Registration of F.I.R. is mandatory under Section 154 of the Code of Criminal Procedure if the information discloses commission of a cognizable offence and no preliminary enquiry is permissible in such a situation. Learned Spl. P.P. submits that there is direct and specific allegation against the petitioner that the petitioner was present at the place of occurrence at the time of occurrence and played an active role in attempting to murder Shambhu Keshri and Pankaj Keshri and the same is sufficient to constitute the offence punishable under Section 307, 341, 323, 504/34 of the Indian Penal Code. Hence, it is submitted that this Cr. M.P. being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that there is direct and specific allegation against the petitioner of being in furtherance of common intention along with the co-accused persons being armed with revolver and sword, attempted to murder Shambhu Keshri and Pankaj Keshri and caused hurt to them and other persons and intentionally insulted and thereby gave provocation to the informant party intending and knowing that such provocation would cause them to break public peace and commit other offence. It is a settled principle of law that the High Court in exercise of its inherent power under Section 482 Cr.P.C. should not stifle a legitimate prosecution as has been held by the Hon’ble Supreme Court of India in the case of Monica Kumar and Another vs. State of Uttar Pradesh and Others, (2008) 8 SCC 781 . 7.
It is a settled principle of law that the High Court in exercise of its inherent power under Section 482 Cr.P.C. should not stifle a legitimate prosecution as has been held by the Hon’ble Supreme Court of India in the case of Monica Kumar and Another vs. State of Uttar Pradesh and Others, (2008) 8 SCC 781 . 7. Under such circumstances, this Court is of the considered view that there is direct and specific allegation against the petitioner of having committed the alleged offence, hence, this Court do not find any illegality in the entire criminal proceedings including the order dated 24.09.2019 taking cognizance against the petitioner in Rajpur P.S. Case No. 73 of 2018 corresponding to G.R. No. 171 of 2021 (S.T. No. 15 of 2021), pending in the court of Additional Sessions Judge-V, Chatra. Therefore, there is no justifiable reason for quashing the same. 8. Accordingly, the prayer to quash the entire criminal proceedings including the order dated 24.09.2019 taking cognizance against the petitioner in Rajpur P.S. Case No. 73 of 2018 corresponding to G.R. No. 171 of 2021 (S.T. No. 15 of 2021), pending in the court of Additional Sessions Judge-V, Chatra is rejected. 9. Accordingly, this Cr. M.P. being without any merit, is dismissed.