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2023 DIGILAW 802 (JHR)

Arjun Singh son of Late Mahavir Singh v. State of Jharkhand

2023-06-21

ANIL KUMAR CHOUDHARY

body2023
JUDGMENT : By the Court:- Heard the parties. 2. This Cr.M.P. 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 in connection with Complaint Case No.1133 of 2022 arising out of SC/ST Case No.22 of 2020 dated 25.02.2020 and the order dated 02.04.2022 passed by learned Special Judge SC/ST Act, Hazaribagh whereby and where under cognizance for the offence under Sections 323, 504, 354, 448/34 of the Indian Penal Code has been taken by the learned Special Judge, SC/ST Act, Hazaribagh. 3. The allegation against the petitioners is that the petitioners, in furtherance of their common intention, caused hurt to the complainant and her father, outraged the modesty of the informant, criminally intimidated the complainant and her father and also committed house trespass. 4. Learned counsel for the petitioners submits that earlier the complainant, in the year 2016, lodged Barhi P.S. Case No.06 of 2016 against the petitioners which ended up in final report submitted by the police. It is next submitted that the complainant, in her statement recorded under solemn affirmation, has not stated the time of occurrence. It is next submitted that because of animosity between the families, this false complaint has been filed. Hence, it is submitted that the entire criminal proceedings in connection with Complaint Case No.1133 of 2022 arising out of SC/ST Case No.22 of 2020 dated 25.02.2020 and the order dated 02.04.2022 passed by learned Special Judge SC/ST Act, Hazaribagh, as prayed for by the petitioners, be quashed and set aside. 5. Learned Addl.P.P. appearing for the State and learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer for quashing the entire criminal proceedings in connection with Complaint Case No.1133 of 2022 arising out of SC/ST Case No.22 of 2020 dated 25.02.2020 and the order dated 02.04.2022 passed by learned Special Judge SC/ST Act, Hazaribagh, as prayed for by the petitioners. It is next submitted by the Addl.P.P. appearing for the State and learned counsel for the opposite party No.2 that merely because in an occurrence that took place in the year 2016, the final report was submitted in a criminal case; the same will not be a ground to quash the complaint which was filed for an occurrence which took place on 20.02.2020. It is next submitted that in her statement under solemn affirmation, the complainant/opposite party No.2 has categorically stated the date of occurrence to be 20.02.2020 and the inquiry witness No.1 has categorically stated that the time of occurrence was between 12:00 noon to 1:00 pm. It is next submitted that the contents of the complaint as well the statement on solemn affirmation of the complainant as well as the inquiry witnesses reveals that the petitioners have committed the offence of causing hurt, causing criminal intimidation, outraging the modesty of the complainant and committing house trespass in furtherance of their common intention. Therefore, the learned Special Judge has rightly taken cognizance of the said offence against the petitioners. 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 going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law that at the stage of taking cognizance and issue of process, the learned Magistrate is not required to look for materials in order to see whether the materials in the record are sufficient to bring home the allegations against the petitioners for their conviction but even a strong suspicion is sufficient for taking cognizance. 7. Now, coming to the facts of the case, the perusal of the complaint as well as the statement of the complainant on solemn affirmation as well as the two inquiry witnesses reveals that they have categorically stated that on 20.02.2020 between 12:00 noon to 1:00 pm, the petitioners in furtherance of their common intention, committed house trespass of the complainant, outraged her modesty, caused hurt to her and her father and criminally intimidated her. 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 (Dr.) & Another vs. State of Uttar Pradesh & Others reported in (2008) 8 SCC 781 . 8. 8. Under such circumstances, this Court is of the considered view that this is not a fit case where the entire criminal proceedings in connection with Complaint Case No.1133 of 2022 arising out of SC/ST Case No.22 of 2020 dated 25.02.2020 and the order dated 02.04.2022 passed by learned Special Judge SC/ST Act, Hazaribagh, as prayed for by the petitioners, be quashed and set aside. 9. Accordingly, this Criminal Miscellaneous Petition being without any merit, is dismissed.