Dismissed¶25

Ensi Enila Lakra Alias Ancy Lakra v. the State of Jharkhand

Jharkhand HC7 Jan 2025Cr.M.P./1974/2024

Case brief

AI extract

What is this about?

Cr.M.P. No. 1944 of 2024; Cr.M.P. No. 1974 of 2024; High Court of Jharkhand at Ranchi; Justice Pradeep Kumar Srivastava; dismissed as withdrawn; withdrawal with liberty to raise points before trial court; Section 498A IPC; girlfriend not a relative of the husband; U. Suvetha v. State, (2009) 6 SCC 757; I.A. No. 8666 of 2024; Hemant Kujur; Ensi Enila Lakra @ Ancy Lakra; Suchita Anita Kujur; State of Jharkhand.

What did the court decide?

Both petitions dismissed as withdrawn; petitioners left free to raise all points taken in the petitions before the concerned trial court; I.A. No. 8666 of 2024 stands disposed of. ¶25

Ensi Enila Lakra Alias Ancy Lakra Vs the State of… — Dowry and Cruelty | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Both petitions dismissed as withdrawn; petitioners left free to raise all points taken in the petitions before the concerned trial court; I.A. No. 8666 of 2024 stands disposed of.

¶25

Issue for consideration

Whether the girlfriend of the husband is a 'relative of the husband' within the meaning of Section 498A IPC and can accordingly be prosecuted under that provision.

¶22

Ratio / Principle

In view of the petitioners' counsel seeking withdrawal of the cases (to which the learned APP raised no objection), both criminal miscellaneous petitions are dismissed as withdrawn.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 proceedings before the concerned trial court.ratio¶27
Consequently, 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 Cr.M.P. Nos. 1944 and 1974 of 2024 (High Court of Jharkhand at Ranchi; Pradeep Kumar Srivastava, J.; Order No. 05 dated 07.01.2025), arising out of the same complaint, were tagged and heard together. Counsel stated that in Cr.M.P. No. 1944/2024 the petitioner (Hemant Kujur) is the husband of the complainant (Suchita Anita Kujur) and in Cr.M.P. No. 1974/2024 the petitioner (Ensi Enila Lakra @ Ancy Lakra) is the girlfriend of the husband, and placed reliance on U. Suvetha v. State, [2009] 6 SCC 757, wherein it was held that a girlfriend of the husband is not his relative and cannot be prosecuted under Section 498A IPC. After some argument, counsel sought withdrawal with liberty to raise all points before the concerned trial court; the learned APP raised no objection. The Court dismissed both petitions as withdrawn, disposed of I.A. No. 8666 of 2024, and permitted the petitioners to raise all points at the appropriate stage before the trial court. The Court itself expressed no view on the Section 498A / 'relative of the husband' question.

¶1

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

¶4

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

¶7

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].

¶16

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]. ---------

¶18

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

¶19

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

¶20

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.

¶23

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.

¶24

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

¶25

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

¶26

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

¶27

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.

¶28

(Pradeep Kumar Srivastava, J.)

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Sunil/

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Page 2 of 2

Ensi Enila Lakra Alias Ancy Lakra v. the State of Jharkhand

Case brief

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Ensi Enila Lakra Alias Ancy Lakra v. the State of Jharkhand

Case brief

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