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2024 DIGILAW 688 (JHR)

Ramavatar Singh @ Ram Avatar Singh v. State of Jharkhand

2024-07-10

SUBHASH CHAND

body2024
ORDER : 1. On behalf of petitioners, learned Counsel Mr. Rohit Ranjan Sinha and on behalf of private respondent No. 2, learned Counsel Mr. Sahil and also on behalf of State, learned A.P.P. are present. 2. The learned Counsel for the petitioners has submitted that by way of this petition, he has prayed to quash the order of taking cognizance dated 19.02.2018 passed by the Judicial Magistrate, 1st Class, Koderma and also to quash the entire criminal proceeding in Complaint Case No. 723 of 2017 which is now pending in the Court of learned Judicial Magistrate, 1st Class, Koderma. 3. The learned Counsel for the petitioners has also submitted that the complaint was filed by the complainant against the 13 accused persons, who are the inmates of in-laws house and against all the 13 accused, general and omnibus allegations have been made in the complaint. Neither in the complaint nor in her statement under Section 200 of Cr.P.C. the complainant has attributed any specific role to the present petitioners but the learned court-below has summoned only the petitioners and has shown no reason excluding the remaining 10 accused persons against whom there were also the general and omnibus allegations along with the petitioners. In view of the above, contended to quash the proceeding against them. 4. The learned A.P.P. and the learned Counsel for the private respondent No. 2 have vehemently opposed the contentions made by the learned Counsel for the petitioners and have contended that in complaint itself and in the statement under Section 200 of Cr.P.C. the complainant has made the specific allegation on the basis of which prima facie the offence under Sections 498A/323 of I.P.C. is made out. Even if the allegations are general and omnibus, on the basis of the same, it cannot be accepted that no occurrence took place against the petitioners. The photo copy of the complaint is Annexure No. 1 of this petition. 5. Even if the allegations are general and omnibus, on the basis of the same, it cannot be accepted that no occurrence took place against the petitioners. The photo copy of the complaint is Annexure No. 1 of this petition. 5. From the very perusal of this complaint, it is found that the complainant is Rubia Devi and there are 13 accused persons and in this complaint among 13 accused persons the accused No. 1-Ramavatar Singh @ Ram Avatar Singh, accused No. 2 Munna Singh and accused No. 7 Munni Devi are the petitioners who have challenged the impugned order of taking cognizance against them and also seeking the quashing of the entire proceeding of the criminal case against them. 6. From the bare perusal of this complaint, it is found that against all the 13 accused persons including the petitioners there are general and omnibus allegation. No specific role has been attributed either of the petitioner in the complaint itself. 7. Further the complainant was also examined under Section 200 of Cr.P.C. From the very perusal of her statement under Section 200 of Cr.P.C. who is victim herself she has nowhere attributed any specific role to the petitioners rather the general and omnibus allegations have been made against all the 13 accused persons including the petitioners. 8. The learned trial court while passing the order of summoning these three petitioners as an accused for the offence under Sections 323/498A I.P.C. has relied upon the allegations made in the complaint and statement of the complainant and witnesses. The learned trial court while taking cognizance has not recorded reasons on what ground these three accused-petitioners have been summoned for the offence under Sections 323 and 498A of I.P.C. and the others 10 accused persons against whom are also general and omnibus allegations why they have not been summoned. 9. The Hon’ble Apex Court has held in Kahkashan Kausar @ Sonam and Others vs. State of Bihar and Others, (2022) 6 SCC 599 at Para-18 as under: 18. Coming to the facts of this case, upon a perusal of the contents of the FIR dated 1-4-2019, it is revealed that general allegations are levelled against the appellants. 9. The Hon’ble Apex Court has held in Kahkashan Kausar @ Sonam and Others vs. State of Bihar and Others, (2022) 6 SCC 599 at Para-18 as under: 18. Coming to the facts of this case, upon a perusal of the contents of the FIR dated 1-4-2019, it is revealed that general allegations are levelled against the appellants. The complainant alleged that “all accused harassed her mentally and threatened her of terminating her pregnancy.” Furthermore, no specific and distinct allegations have been made against either of the appellants herein i.e. none of the appellants have been attributed any specific role in furtherance of the general allegations made against them. This simply leads to a situation wherein one fails to ascertain the role played by each accused in furtherance of the offence. The allegations are, therefore, general and omnibus and can at best be said to have been made out on account of small skirmishes. Insofar as husband is concerned, since he has not appealed against the order of the High Court, we have not examined the veracity of allegations made against him. However, as far as the appellants are concerned, the allegations made against them being general and omnibus, do not warrant prosecution.” 10. In view of the above, it is a fit case to quash the entire proceeding of the case against the petitioners. 11. Accordingly, this petition is hereby allowed. The impugned order dated 19.02.2018 passed by the Judicial Magistrate, 1st Class, Koderma and also the entire criminal proceeding in Complaint Case No. 723 of 2017 is set aside.