Dismissed¶¶25

Hemant Kujur v. the State of Jharkhand

Jharkhand HC7 Jan 2025Cr.M.P./1944/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Cr.M.P. Nos. 1944 and 1974 of 2024; Hemant Kujur and Ensi Enila Lakra @ Ancy Lakra v. State of Jharkhand and Suchita Anita Kujur; decided 07.01.2025 by Pradeep Kumar Srivastava, J.; Section 498A IPC; girlfriend of husband; U. Suvetha v. State [2009] 6 SCC 757; criminal miscellaneous petitions dismissed as withdrawn with liberty to raise all points before trial court; I.A. No. 8666 of 2024 disposed of.

What did the court decide?

Both criminal miscellaneous petitions dismissed as withdrawn; petitioners given liberty to raise all points taken in the petitions before the concerned trial court; I.A. No. 8666 of 2024 in Cr.M.P. No. 1974 of 2024 disposed of. ¶¶25

Hemant Kujur Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

¶¶25

Issue for consideration

Point raised by petitioners (not decided, petitions withdrawn): whether the girlfriend of the husband is a relative of the husband and can be prosecuted for the offence under Section 498A IPC, as per the reliance placed on U. Suvetha v. State, [2009] 6 SCC 757. +1 more

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Ratio / Principle

Both criminal miscellaneous petitions (Cr.M.P. No. 1944 of 2024 and Cr.M.P. No. 1974 of 2024) are dismissed as withdrawn.

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Key takeaways

Petitioners are at liberty to raise all the points taken in these petitions at the appropriate stage of the proceeding before the concerned trial court.ratio¶¶27
I.A. No. 8666 of 2024 filed in Cr.M.P. No. 1974 of 2024 stands disposed of.ratio¶¶26

Detailed headnote1 paragraphs

Criminal Miscellaneous Petitions (Jharkhand High Court, Ranchi; Pradeep Kumar Srivastava, J.; Order No. 05 dated 07.01.2025) — Cr.M.P. No. 1944 of 2024 filed by Hemant Kujur (husband of the complainant) and Cr.M.P. No. 1974 of 2024 filed by Ensi Enila Lakra @ Ancy Lakra (girlfriend of the husband), both arising out of the same complaint against complainant Suchita Anita Kujur and the State of Jharkhand, were tagged and heard together. Counsel for the petitioners relied on U. Suvetha v. State, [2009] 6 SCC 757 (recorded as holding that the girlfriend of the husband is not a relative of the husband and cannot be prosecuted under Section 498A IPC), but after argument sought withdrawal of the petitions with liberty to raise all points before the concerned trial court, to which the learned APP raised no objection. The Court dismissed both petitions as withdrawn, disposed of I.A. No. 8666 of 2024 filed in Cr.M.P. No. 1974 of 2024, and granted the petitioners liberty to raise all points taken in the petitions at the appropriate stage before the concerned trial court. No substantive ruling was made on the Section 498A point.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 1944 of 2024

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Hemant Kujur, aged about 50 years, S/o Late Sushil Kujur, R/O Vill. – Kaimo, Patra Toli, P.O. + P.S. – Lohardaga, Distt. Lohardaga, Jharkhand-835302. ….. Petitioner

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Versus

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State of Jharkhand

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Suchita Anita Kujur, W/o Hemant Kujur, R/o Khusboo Toli, Bara Ghagra, P.O. + P.S. – Doranda, Distt. Ranchi, Jharkhand-834005. ….. Opp. Parties

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WITH

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Cr.M.P. No. 1974 of 2024

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Ensi Enila Lakra @ Ancy Lakra, aged about 48 years, D/o Fulhar Lakra, R/O Dumber Toli, P.O. + P.S. – Gumla, Distt. Gumla, Jharkhand-835207. ….. Petitioner

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Versus

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State of Jharkhand

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Suchita Anita Kujur, W/o Hemant Kujur, R/o Khusboo Toli, Bara Ghagra, P.O. + P.S. – Doranda, Distt. Ranchi, Jharkhand-834005. ….. Opp. Parties

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---------

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner (s) : Mr. Shubhashis Rasik Soren, Advocate. Ms. Shobha Gloria Lakra, Advocate. Ms. Preeti Hembrom, Advocate. Ms. Mrinalini Adela Tete, Advocate. [In both cases].

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For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P. [In Cr.M.P. No. 1944/2024] Mr. Shiv Shankar Kumar, A.P.P. [In Cr.M.P. No. 1974/2024]

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For the O.P. No. 2 : Mr. Lalit Yadav, Advocate. [In both cases]. ---------

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Order No. 05/Dated: 07^th January, 2025

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Both the Criminal Miscellaneous Petitions are arising out of same complaint, as such, they are tagged together and are being heard together.

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Learned counsel for the petitioner has submitted that in Cr.M.P. No. 1944/2024, petitioner is husband of the complainant and in Cr.M.P. No. 1974/2024, petitioner is the girlfriend of the husband of the complainant.

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Page 1 of 2

¶22

Learned counsel for the petitioners has further placed reliance upon the reported judgment of Hon’ble Supreme Court in the case of U. Suvetha Vs. State and Ors. reported in [2009] 6 SCC 757 , wherein it has been held that girlfriend of the husband is not relative of the husband and she cannot be prosecuted for the offence under Section 498A of the I.P.C.

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After some argument, learned counsel for the petitioners seeks withdrawal of these cases with liberty to raise all the points before the concerned trial court, which has been taken in these petitions.

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Learned APP has raised no objection to the submission made on behalf of petitioners.

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In view of above submissions, both these criminal miscellaneous petitions are dismissed as withdrawn.

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Consequently, I.A. No. 8666 of 2024 filed in Cr.M.P. No. 1974 of 2024 stands disposed of.

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Petitioners shall be at liberty to raise all the points taken in these petitions at appropriate stage of the proceeding before the concerned trial court.

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(Pradeep Kumar Srivastava, J.)

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Sunil/

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Page 2 of 2

Hemant Kujur v. the State of Jharkhand

Case brief

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Hemant Kujur v. the State of Jharkhand

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