Dismissed¶19

Hare Krishna Jha v. the State of Jharkhand

Jharkhand HC6 Jan 2025Cr.M.P./2998/2024

Case brief

AI extract

What is this about?

High Court of Jharkhand at Ranchi; Cr.M.P. No. 2998 of 2024; petition to quash cognizance order dated 30.7.2022 under sections 341/323/504 r/w section 34 IPC; Godda (T) P.S. Case No. 283 of 2021; GR No. 1069 of 2022; arguments that informant filed six cases and a partition suit over land dispute is pending did not persuade the Court; no interference at the threshold of the proceeding; petition dismissed on 06.01.2025 by Justice Pradeep Kumar Srivastava.

What did the court decide?

The learned trial court, after considering the material available on record, had found a prima facie case constituting the offence under sections 341/323/504 r/w section 34 IPC against the petitioners. ¶19

Hare Krishna Jha Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2998 of 2024

¶2

------

¶3

Hare Krishna Jha @ Hare Krishan Jha, S/o late Girijadhar Jha

¶4

Kalpana Devi @ Kalpana Jha, W/o Hare Krishna Jha

¶5

Gourav Jha @ Gaurav Kumar Jha, S/o late Hare Krishna Jha

¶6

All permanent residents of village and PO- Matiyama, PS: Sonhoula, Distt. Bhagalpur, Bihar, at present residing at Ward No.2, Shivpur, PO Godda, PS Godda Town, Distt. Godda (Jharkhand) … …. … Petitioners

¶7

Versus

¶8

The State of Jharkhand .... .... ....Opposite Party

¶9

------

¶10

CORAM : HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶11

-----For the Petitioners : Mr. Md. Faiyaj Alam, Advocate Mr. Sandip Kumar Burnwal, Advocate For the State : Mr. Shailesh Kumar Sinha, APP ------

¶12

Order No.04/Dated: 06.01.2025

¶13

The present criminal miscellaneous petition has been filed on behalf of the petitioners against the order dated 30.7.2022 whereby and whereunder the learned jurisdictional court has taken cognizance of the offence under sections 341/323/504 r/w section 34 IPC in connection with Godda (T) P.S. Case No. 283 of 2021, corresponding to GR No. 1069 of 2022.

¶14

Assailing the impugned order, the learned counsel for the petitioners submits that the informant of this case is a notorious litigant who has filed as many as six cases against the petitioners. It is also submitted that there is land dispute between the parties and a partition suit is also pending between them. This case has been filed only to harass the petitioners and there is no truth in the prosecution story. Therefore, entire proceeding may be quashed.

¶15

The learned counsel for the State has submitted that there is specific allegation against the petitioners for assaulting, abusing and causing hurt to the informant-party and the offence pertains to summons trial case. Moreover, pendency of several cases cannot be a valid ground for quashing of the FIR. Hence, this petition is fit to be dismissed.

¶16

Perused the case record along with cognizance order.

¶17

It appears that the learned trial court after considering the material available on record has found prima facie case constituting the offence

¶18

-2-

¶19

under sections 341/323/504 r/w section 34 IPC against the petitioners. 6. There is no reason to interfere in the impugned order at the threshold of the proceeding. Therefore, I do not find any merit in the petition which is accordingly dismissed.

¶20

(Pradeep Kumar Srivastava, J.)

¶21

KNR/

Hare Krishna Jha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hare Krishna Jha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jogen Purty Vs State of Jharkhand

Faiyaz Khan Vs the State of Jharkhand

Abhishek Shaurya Alias Vicky Alias Kumar Abhishek Vs the State of Jharkhand

Rohit Kumar Singh Alias Rohit Kumar Vs the State of Jharkhand

Rajiv Narayan Singh Vs The State Of Jharkhand and Ors.

Yogendra Ram And Anr. Vs The State Of Jharkhand And Anr.