Allowed

Dr Dina Nath Singh v. the State of Jharkhand

Jharkhand HC15 Jan 2024Cr.M.P./1621/2022

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR registered at Taljhari Police Station for offences under Sections 302, 201, 120B and 34 IPC, though the Magistrate had forwarded the complaint to Borio (J) Police Station where a separate case was registered and a final report filed without sending them up for trial. Holding the registration illegal and an abuse of process, the Court quashed the FIR and all su

What did the court decide?

FIR in Taljhari P.S. Case No.113 of 2019 (G.R. No.754 of 2019) and all subsequent proceedings quashed against the petitioners; Cr.M.P. allowed.

Dr Dina Nath Singh Vs the State of Jharkhand — Quashing and FIR | Jharkhand HC (2024)

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Cr. M.P. No.1621 of 2022

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1621 of 2022

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------

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Dr. Dina Nath Singh, aged about 65 years, Son of Sunder Singh, 2. Dr. Kiran Mala, aged about 51 years, Daughter of Ramanand Singh,

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Both are Resident of Near Old Petrol Pump Chhota Pachgarh, Main Road, Jirwabari, P.O.- Sahibganj, P.S- Borio (J), Dist- Sahibganj

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… Petitioners

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Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Aman Shekhar, Advocate For the State : Ms. Priya Shrestha, Spl. P.P. ------

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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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 First Information Report including all subsequent proceeding arising out of Taljhari P.S. Case No.113 of 2019 corresponding to G.R. No.754 of 2019 registered for the offences punishable under Sections 302, 201, 120 (B), 34 of the Indian Penal Code; which is pending in the court of learned Judicial Magistrate-1^st Class, Rajmahal.

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Learned counsel for the petitioners draws the attention of this Court towards page-21 of the brief and submits that the complainant/informantJogan Mahaldar filed Complaint Case No.965 of 2016 in the court of Chief Judicial Magistrate, Sahibganj. The same was forwarded to Borio (J) Police Station under Section 156 (3) of Cr.P.C. and consequent upon the same, Borio (J)

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Cr. M.P. No.1621 of 2022

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P.S. Case No.60 of 2020 was registered but inadvertently even though the learned S.D.J.M. categorically forwarded the copy of the complaint to Borio (J) Police Station, Taljhari P.S. Case No.113 of 2019 has been illegally registered; without any basis. Hence, it is submitted that the First Information Report including all subsequent proceeding arising out of Taljhari P.S. Case No.113 of 2019 corresponding to G.R. No.754 of 2019 which is pending in the court of learned Judicial Magistrate-1^st Class, Rajmahal, be quashed and set aside.

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Learned Spl.P.P. appearing for the State fairly submits that because of some error, Taljhari P.S. Case No.113 of 2019 has been registered.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is crystal clear that the Officer Incharge of Taljhari Police Station has committed a grave illegality by registering Taljhari P.S. Case No.113 of 2019 even though the learned S.D.J.M., forwarded the Complaint Case No.965 of 2016 to the Borio (J) Police Station for institution of the First Information Report under Section 156 (3) of Cr.P.C. and Borio (J) P.S. Case No.60 of 2020 has been registered upon the same in which after investigation of the case, Final Report has been submitted and the petitioner has not been sent up for trial as is evident from page-28-31 (Annexure-2) of the brief.

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Considering the aforesaid facts, this Court has no hesitation in holding that the continuation of this case against the petitioner will amount to abuse of process of law as Taljhari P.S. Case No.113 of 2019 has been registered illegally without any basis.

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Accordingly, the First Information Report including all subsequent proceeding arising out of Taljhari P.S. Case No.113 of 2019 corresponding to

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Cr. M.P. No.1621 of 2022

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G.R. No.754 of 2019 which is pending in the court of learned Judicial

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Magistrate-1^st Class, Rajmahal, is quashed and set aside against the petitioner.

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In the result, this Cr.M.P. stands allowed.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 15^th of January, 2024 AFR/ Animesh

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Dr Dina Nath Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dr Dina Nath Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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