JUDGMENT : ANIL KUMAR CHOUDHARY 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 26.07.2022, passed in Maheshpur P.S. Case No.214 of 2021, by which the learned Sub-Divisional Judicial Magistrate, Pakur has found sufficient materials for the offences punishable under Sections 376 and 506 of the Indian Penal Code and took cognizance of the said offence. 3. The brief fact of the case is that the petitioner taking advantage of the fact that the informant was alone in her house, as her husband went to Chatra with their kids, by criminally intimidating the informant on the point of a knife, committed rape upon her. The witnesses including the informant in her statement recorded under Section 161 of Cr.P.C, mentioned in paragraphs-6 and 7 of the case-diary, have supported the statement by the informant in the F.I.R.. The other witnesses whose statements appear in paragraphs-2, 46 and 48 of the case-diary, have also supported the case of the prosecution. Besides the statement under Section 161 of Cr.P.C., the prosecutrix in her statement recorded under Section 164 of Cr.P.C., has also categorically stated about commission of rape upon her by the petitioner; after threatening her to kill on the point of a knife. The Investigating Officer of the case, in the Final Form, has mentioned that during the investigation of the case, the allegation was found to be not true and submitted Final Report stating the allegation to be not true. The learned Magistrate, keeping in view the statement made by the witness under Section 161 of the Cr.P.C. before the Investigating Officer of the case mentioned in paragraphs-2, 6, 7, 46, 47 and 48 of the case-diary as well as statement recorded under Section 164 of the Cr.P.C. of the victim, differed with the conclusion of the police and found sufficient materials to proceed against the petitioner and took cognizance of the said offences. 4. 4. Learned counsel for the petitioner relies upon the judgment of a co- ordinate Bench of this Court in the case of Amresh Kumar Dhiraj vs. State of Jharkhand reported in 2020 (1) JLJR 1999 and submits that in para-23 thereof in the facts of that case, the co-ordinate Bench of this Court, found that though the Magistrate has mentioned that there are statements of the witnesses but what are the prima facie materials to proceed against the petitioner and others, has not been whispered and in a most mechanical manner, the learned Magistrate passed the impugned order and quashed the same. The learned counsel for the petitioner further submits that in this case also, the learned Magistrate has passed the order taking cognizance, differing from the conclusion arrived at by the police, without whispering the prima facie materials to proceed against the petitioner. Therefore, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed. 5. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that unlike the case of Amresh Kumar Dhiraj vs. State of Jharkhand (supra) in this case the learned Sub-Divisional Judicial Magistrate, Pakur has categorically discussed the contents of paragraphs-6 and 7 and the contents of the statement recorded under Section 164 of the Cr.P.C. of the victim. In both the statements, the victim has categorially stated about being ravished by the petitioner, after threating her to kill on the point of a knife. So, the ratio of Amresh Kumar Dhiraj vs. State of Jharkhand (supra) is not attracted to the facts of this case and there being no illegality in the order dated 26.07.2022 passed in connection with Maheshpur P.S. Case No.214 of 2021 by the learned Sub-Divisional Judicial Magistrate, Pakur, 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, it is pertinent to mention here that the undisputed fact remains that in her statement recorded under Section 161 of Cr.P.C. as well as statement recorded under Section 164 of Cr.P.C., the informant has categorically stated about the petitioner committing rape upon her, by threatening to kill her, on the point of a knife. This, in the considered opinion of this Court, is sufficient to prima facie constitute both the offence punishable under Section 376 as well as 506 of the Indian Penal Code. The learned Sub-Divisional Judicial Magistrate, Pakur has in no uncertain manner, categorically mentioned the facts of the case and has referred to the statement of the victim while differing from the conclusion arrived at by the police. 7. Under such circumstances, this Court is of the considered view that because of the discussions made above, the ratio of Amresh Kumar Dhiraj vs. State of Jharkhand (supra) is not attracted to the facts of this case and there is no illegality in the order dated 26.07.2022 passed in connection with Maheshpur P.S. Case No.214 of 2021 by the learned Sub-Divisional Judicial Magistrate, Pakur. Therefore, this Court is of the considered view that the same does not warrant interference of this Court under Section 482 of the Code of Criminal Procedure and the prayer to quash and set aside the entire criminal proceedings including the order dated 26.07.2022 passed in connection with Maheshpur P.S. Case No.214 of 2021 by the learned Sub-Divisional Judicial Magistrate, Pakur, is rejected. 8. Accordingly, this Cr.M.P., being without any merit, is dismissed.