Dismissed¶21

Reshma Hansda v. the State of Jharkhand

Jharkhand HC14 Nov 2024Cr.A(SJ)/828/2023

Case brief

AI extract

What is this about?

Reshma Hansda v. The State of Jharkhand and Lalu Mandal; Criminal Appeal (S.J.) No.828 of 2023, High Court of Jharkhand, decision dated 14.11.2024 (Sanjay Kumar Dwivedi, J.); appeal against rejection of protest petition dated 04.10.2023 in C.P.No.3565 of 2023 arising out of SC/ST Case No.17 of 2023; police final form, accused not sent up for trial; Section 203 Cr.P.C / Section 226 BNSS 2023 procedure; Dhanbad; appeal dismissed, no illegality found.

What did the court decide?

The learned court had discussed the solemn affirmation as well as the enquiry witnesses' evidence and found that most of the enquiry witnesses were close relatives of the complainant; the learned court elaborately discussed the materials on record before passing the order rejecting the protest petition. ¶21

Reshma Hansda Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Criminal Appeal (S.J.) No.828 of 2023

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Reshma Hansda, aged about 30 years, daughter of Nibaner Hansda, resident of Bartor Rupan, PO Tundi, PS Purvi Tundi, District Dhanbad, Jharkhand .... Appellant(s)

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-- Versus --

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1.The State of Jharkhand

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2.Lalu Mandal, son of Govardhan Mandal resident of Dudhiya PO and PS Baliapur, District Dhanbad, Jharkhand .... Respondent

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Appellant(s) :- Mr. Zaid Ahmed, Advocate For the State :- Mrs Lily Sahay, Advocate For the Respondent No.2 :- Mr. Rajiv Kumar Karan, Advocate ----

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5 /14.11.2024 Heard the learned counsel for the appellant, the learned counsel for the

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respondent State as well as the learned counsel for the respondent no.2.

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This appeal has been preferred against the order dated 04.10.2023 passed in C.P.No.3565 of 2023 arising out of SC/ST Case No.17 of 2023, whereby the protest petition filed by the appellant has been rejected by the learned court.

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Learned counsel for the appellant submits that final form was submitted whereby the accused persons were not sent up for trial and thereafter the protest petition was filed, however, the learned court has erroneously rejected the petition without following the procedure made under section 203 Cr.P.C which is equivalent to section 226 of the BNSS, 2023.

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Learned counsel for the respondent State submits that after applying the judicial mind such order has been passed and there is no illegality.

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The said argument is also accepted by the learned counsel for the respondent no.2.

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It is an admitted fact that the police has investigated the matter and final form has been submitted whereby the accused persons have not been sent up

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for trial however the respondent no.2 was not sent up for trial.

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The Court has perused the order dated 04.10.2023 and finds that the learned court has discussed the solemn affirmation as well as the enquiry witnesses evidence and the learned court has found that most of the enquiry witnesses were close relatives of the complainant. The Court has also found that the appellant worked in the factory at Giridih and the complainant resides at Dhanbad and the allegations are made that they become friend on face book. The Court finds that the learned court has elaborately discussed the materials on record and thereafter the said order has been passed. There is no illegality in the impugned order and as such, Criminal Appeal (S.J.) No.828 of 2023 is dismissed.

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( Sanjay Kumar Dwivedi, J.) SI/

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Reshma Hansda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Reshma Hansda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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