Dismissed¶17

Shaikh Ebadat v. the State of Jharkhand

Jharkhand HC15 Jan 2025Cr.M.P./3674/2023

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Cr.M.P. No. 3674 of 2023; decided 15.01.2025 by Pradeep Kumar Srivastava, J. Quashing of FIR and proceedings under S.376(2)(n), 504, 506 IPC and S.6 POCSO Act (Garhwa PS Case No. 175 of 2023) and order dated 12.06.2024 of Special Judge, POCSO Act, Garhwa refused; alibi certificate and WhatsApp chats held to be matters of probable defence to be examined at trial, not entertainable at the initial stage; cognizance dated 23.02.2024 on Charge Sheet No.90 of 2024; petition dismissed.

What did the court decide?

No document has been filed in respect of the plea taken by the petitioner, and even if the plea is accepted, it is subject to the decision at trial. ¶16

Shaikh Ebadat Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2025)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 3674 of 2023

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Shaikh Ebadat aged 20 years, son of Shaikh Kamruddin, R/o VillageGurdi, PO-Okhargara, PS&District-Garhwa …. Petitioner Versus

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

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CORAM : HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Vaibhav Joshi, Advocate : Mr. GK Sinha, Advocate : Mr. Chanchal Chaya, Advocate : Mr. Priyanka Bobby, Advocate

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For the State/OP : Ms. Lily Sahay, APP

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Order No.06/Dated: 15.01.2025

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Heard learned counsel for the parties.

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Learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence at all. There are certain materials collected at the time of investigation which shows the innocence of the petitioner and also at the time of alleged occurrence the petitioner was not present at the spot and in this regard a certificate was also issued by his employer. It is further submitted that WhatsApp chat between the victim girl and the petitioner shows that victim has been threatening the petitioner that if he does not get his marriage solemnized with her then she will implicate him in the false case. Therefore this case is nothing but threatening for solemnization of marriage with the informant/victim.. Therefore, entire proceeding including FIR and the order dated 12.06.2024 passed by Special Judge, POCSO Act, Garhwa in Misc. Criminal Application No. 339 of 2024 in POCSO-23 of 2024 arising out of Garhwa PS Case No. 175 of 2023 is liable to be quashed and set aside and petitioner deserve to be exonerated from all the charges.

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The learned APP appearing on behalf of the State has submitted that no documentary evidence has been brought on record by the petitioner to substantiate his plea. Moreover, the plea taken by the petitioner appears to be his probable defense which shall be examined at the time of trial and therefore the points raised by the petitioner cannot be entertained and hence this petition has no merits and liable to be dismissed.

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It appears that FIR was filed by the prosecutrix stating interalia that the informant had gone to attend marriage at Fakiradih, Ramkanda where she met petitioner and on 08.05.2023 at 3:00 PM, while she was alone in the house, petitioner forcefully entered inside and committed rape with her and after giving threatening of life, fled away. Informant further alleges that she gave information of occurrence to her parents and thereafter, petitioner and his parents were called by the respected persons of the society where petitioner accepted commission of rape with the informant and his parents agreed for solemnization of marriage of the petitioner with the informant. Thereafter, petitioner several times on the enticement of marriage, established physical relationship with her due do which she became pregnant. When the petitioner came to know about this fact, by deceiving, made her to consume pills for abortion and when there had been miscarriage, petitioner refused to marry with her. Thereafter, the informant along with witnesses went before Garhwa Police station to lodge a case but Officer Incharge was not present. When accused came to know about this, then in the evening of 27.04.2023 under conspiracy, forcefully entered inside the house and started abusing and assaulting and attempted to take signature on blank paper and when crowd

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gathered, accused fled away after giving threatening of life. Thereafter a complaint petition was presented before the Chief Judicial Magistrate Garhwa, which was send for the registration of FIR under section 156 of the Cr.PC. Charge-sheet has also been submitted against the petitioner vide Charge Sheet No.90 of 2024 under section 376(2) (n), 504, 506 of IPC and section 6 of POCSO Act and accordingly the Court has taken cognizance vide order dated 23.02.2024 for the aforesaid offence. It further appears that in respect of plea taken by the petitioner no document has been filed or even the plea is accepted that is subject to the decision at trial. The probable defense of the petitioner cannot be taken at the initial stage of the proceeding. There are serious allegations against the petitioner, therefore, I do not find any valid reasons to interfere with the impugned order and proceeding of this case.

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Accordingly, this petition is dismissed.

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(Pradeep Kumar Srivastava, J.)

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Abha/

Shaikh Ebadat v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shaikh Ebadat v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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