Ashutosh Chaturvedi Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Ashutosh Chaturvedi Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

The writ petition was allowed and the entire criminal proceeding including the FIR in Khelgaon P.S. Case No. 02 of 2024 dated 03.01.2024 pending before the learned Judicial Magistrate First Class, Ranchi was quashed and set aside; the pending I.A. was also disposed of.

Issue for consideration

Whether the criminal proceedings including the FIR in Khelgaon P.S. Case No. 02 of 2024 dated 03.01.2024 should be quashed by issuance of a writ in the nature of Certiorari.

Court's answer

On hearing counsel and perusing the record, the court found there is no intention and, accordingly, no offence is made out.

Ratio / Principle

The criminal proceeding in connection with Khelgaon P.S. Case No. 02 of 2024 dated 03.01.2024, pending before the learned J.M. 1st Class, Ranchi, is quashed and set aside.

Key takeaways

Prima facie, there appears to be some confusion between the parties.obiter¶¶20

Detailed headnote1 paragraphs

W.P.(Cr.) No.16 of 2024, High Court of Jharkhand at Ranchi, decided 9 May 2024 by Hon'ble Mr. Justice Rajesh Kumar (single member bench): Writ petition by Ashutosh Chaturvedi against the State of Jharkhand sought quashing by way of Certiorari of the entire criminal proceedings including the FIR in Khelgaon P.S. Case No. 02 of 2024 dated 03.01.2024, registered for offences punishable under sections 469, 501 and 502 of Indian Penal Code and pending before Sri D.N. Shukla, Judicial Magistrate First Class, Ranchi. Two FIRs were involved: one against the Chief Editor, Resident Editor and Assistant Senior Editor of Prabhat Khabar Daily Newspaper for allegedly publishing false news that one Jogendra Tiwary had two wives (with a corrigendum published on the front page in bold letters the very next day, yet the FIR was lodged), and another lodged by the paper publishing house against Jogendra Tiwary alleging he threatened on phone. Finding prima facie some confusion between the parties, and concluding from perusal of the record that there was no intention and hence no offence made out, the court quashed and set aside the criminal proceeding in Khelgaon P.S. Case No. 02 of 2024, allowed the writ petition, and disposed of the pending I.A.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No.16 of 2024

Ashutosh Chaturvedi

…. …. Petitioner

Versus

The State of Jharkhand …. …. Respondent

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner :Mr. Sumeet Gadodia, Adv. Mr. Ritesh Kumar Gupta, Adv. Mr. Prakhar Harit, Adv. Ms. Shruti Shekhar, Adv. Mr. K.Hari, Adv. For the Respondent :Mr. Manoj Kumar, GA-III

03/Dated:9^th May, 2024

1. Heard learned counsel for the parties.

2. The present writ petition has been filed for following relief:

“(i) For issuance of an appropriate writ, order, direction, particularly a Writ in the nature of Certiorari for quashing of the entire criminal proceedings including First Information Report in connection with Khelgaon P.S. Case No. 02 of 2024 dated 03.01.2024 [Annexure-1] registered for the offences punishable under sections 469, 501 and 502 of Indian Penal Code. The case is at present pending in the court of Sri D.N. Shukla, learned Judicial Magistrate, First Class, Ranchi.”

3. Two F.I.Rs. are involved in the present case being Khelgaon P.S. Case No. 02 of 2024 & Sadar P.S. Case No.564 of 2023.

4. It appears that one F.I.R. is against the Chief Editor, Resident Editor and the Assistant Senior Editor of Prabhat Khabar Daily Newspaper for publishing a false news to the extent that it has been reported that one Jogendra Tiwary was having two wives.

It further appear that news has been contradicted on the very next day by publishing corrigendum at the front page in bold letter. But, the F.I.R. has been lodged.

So far as F.I.R. lodged against Jogendra Tiwary is concerned it has been lodged by paper publishing house alleging that he has threatened on phone.

5. Thus, prima facie it appears that there is some confusion between the parties.

6. Having heard learned counsel for the parties and from perusal of record, it appears that there is no intention and as such no offence is made out.

7. Accordingly, the present writ petition stands allowed. Criminal proceeding in connection with Khelgaon P.S. Case No. 02 of 2024 dated 03.01.2024, pending in the learned J.M.1^st Class, Ranchi is, hereby, quashed and set aside.

8. With above observation, the present criminal writ petition stands disposed of.

9. Pending I.A. also stands disposed of.

(Rajesh Kumar, J.)

Shahid /- uploaded

W.P.(Cr) No.16 of 2024

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