MD Abul Kaish Vs the State of Jharkhand

[ 2025:JHHC:35013]

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 475 of 2023

Md. Abul Kaish @ Md. Abul Kesh @ Md. Abul Quish , aged about 35 years, S/o Late Abul Hayat, R/o Mohalla-Matiyal, P.O. Raj Mahal, P.S.- Raj Mahal, District - Sahibganj (Jharkhand) ...... Petitioner Versus 1. The State of Jharkhand 2. Victim ….. Opposite Parties For the Petitioner : Mr. S.K.Upadhyay, Adv. For the State : Mr. Shailesh Kr. Sinha, Addl. PP For the O.P.No. 2 : Mr. Suraj Verma , Adv.

¶4

P R E S E N T

¶5

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶6

By the Court:- Heard the parties.

¶7

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with the prayer for quashing and setting aside the entire criminal proceeding, the FIR as well as the order taking cognizance dated 23.01.2020 passed in connection with Bero P.S. case no., 86 of 2019 corresponding to G.R. no. 137 of 2020 and S.T. no. 498 of 2022, whereby and whereunder, learned Magistrate has taken cognizance for the offences punishable under Section 376 and 417 of the IPC.

¶8

Learned counsel for the petitioner submits that though charge has already been framed against the petitioner but the petitioner has not challenged the same and only wants the cognizance order to be quashed.

¶9

The allegation against the petitioner is that the petitioner deceived the informant by impersonating himself to be a Hindu man though, in fact, he is of Muslim religion and there is direct allegation against the petitioner that the petitioner got the informant raped through several persons by administering

¶10

1 Cr.M.P. No. 475 of 2023

¶11

[ 2025:JHHC:35013]

¶12

intoxicating drugs and captured photographs of the same and blackmailed her.

¶13

On the basis of the written report submitted by the informant, the police registered Bero P.S. case no., 86 of 2019 and took up investigation of the case and after completion of the investigation, police submitted charge-sheet against the petitioner for having committed the offence punishable under Section 376 / 417 of IPC; after finding the said allegations to be true and on the basis of the charge sheet thus submitted, learned Judicial Magistrate First Class has taken cognizance of the said offences.

¶14

It is submitted by learned counsel for the petitioner that allegations against the petitioner are false and the petitioner was having good relationship with the informant, as both the petitioner and the informant were the employees under the same firm and this false case has been instituted because cheque of Rs. 2,10,000/- issued by the complainant, was dishonored because of the insufficiency of the fund and the petitioner issued a demand notice to the informant. It is next submitted that the petitioner was enrolled as an Advocate and his enrollment number is D /1064 / 2014, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

¶15

Learned Addl. PP on the other hand vehemently oppose the prayer of the petitioner and submits that the petitioner is a fraudulent person and though the petitioner claims to be a practicing Advocate since the year 2014 but it is admitted in para 6 of this petition that he was employed in a NGO firm namely ‘Uday Bharat’. It is next submitted that there is direct and specific allegation against the petitioner of committing the offence of cheating by deceiving the informant and inducing her by befriending with her posing himself to be a Hindu boy even though he is Muslim by religion and by such inducement established sexual relationship with her, to which but for such inducement, the informant would not have agreed. It is next submitted that there is direct and specific allegation against the

¶16

2

¶17

Cr.M.P. No. 475 of 2023

¶18

[ 2025:JHHC:35013]

¶19

petitioner of committing rape upon informant as well, after administering drug to her and also made her raped by others after blackmailing and by threatening her to make her poster of her picture while she was being raped, after being administered drug by the petitioner. It is next submitted that as the petitioner has no grievance in respect of the order by which the charge has already been framed; hence he has not challenged the said order, as there is no illegality in the order framing charge. It is lastly submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed.

¶20

Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that there is direct and specific allegation against the petitioner of cheating the informant by befriending her, by deceiving that he is a person of Hindu religion though in fact, he is a Muslim boy and dishonestly induced the informant to befriend with him and taking advantage of such deception and dishonest inducement, he administered intoxicating drug to the informant and raped the informant himself and by others also and blackmailed her by threatening to make poster of her picture while she was being raped under the influence of intoxicating drugs and to display the same in the public place and the contention of the petitioner that a cheque given by the informant to the petitioner was dishonoured is a defence, which the petitioner can take during the trial of the case but the same certainly cannot be considered by this Court in exercise of the power under Section 482 of CrPC. The undisputed fact remains that the charge has already been framed against the petitioner by the Sessions court but the petitioner has neither brought the charge on record nor has challenged the same.

¶21

Keeping in view the conduct of the petitioner and the facts and circumstances of the case involving serious offences, the contents of the FIR and the materials collected during the investigation of the case as well as the charge sheet submitted are sufficient to

¶22

3

¶23

Cr.M.P. No. 475 of 2023

¶24

[ 2025:JHHC:35013]

¶25

constitute the offence punishable under Section 376 as well as 417 of IPC, this Court is not inclined accede to the prayer made by the petitioner in this criminal miscellaneous Petition in exercise of power under section 482 of CrPC; more so because the petitioner do not challenge the charge which has already been framed against him.

¶26

Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed and in view of the disposal of this Criminal Miscellaneous Petition, all the interlocutory applications, if any pending, are also disposed of being infructuous.

¶27

(Anil Kumar Choudhary, J.)

¶28

High Court of Jharkhand, Ranchi Dated, the 12^th November, 2025 Smita /AFR

¶29

Uploaded on 02/12/ 2025

¶30

4

¶31

Cr.M.P. No. 475 of 2023

MD Abul Kaish v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Abul Kaish 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

Rajeev Kumar Alias Rajiv Kumar Alias Pappu Vs the State of Jharkhand

Kishore Kumar Alias Kishore Kumar Charan Pahadi Alias Mintu Vs the State of Jharkhand

Umesh Mahto Alias Jhalak Mahto Vs the State of Jharkhand

Vinita Mishra Vs the State of Jharkhand

Nikky Verma Vs the State of Jharkhand

Nirmala Devi Vs the State of Jharkhand