Accused Vs the State of Jharkhand

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with a prayer to quash and set aside the entire criminal proceeding arising out of Sadar P.S. Case No.241 of 2022 corresponding to G.R. Case No.3738 of 2025 including the order taking cognizance dated 27.11.2025 passed by learned Judicial Magistrate-IV, Ranchi whereby and where under the learned Judicial Magistrate-IV, Ranchi has taken cognizance basing upon the charge sheet submitted against the petitioner for the offences punishable under Sections 417, 376(2)(n), 493, 506 of the Indian Penal Code.

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The allegation against the petitioner is that the petitioner repeatedly committed rape upon the prosecutrix and cohabited with her deceitfully inducing a belief of lawful marriage between the petitioner and the

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Cr. M.P. No.365 of 2026

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( 2026:JHHC:5310 )

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prosecutrix. Further, there is also allegation of commission of criminal intimidation by the petitioner to the prosecutrix.

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Learned counsel for the petitioner submits that there is delay of two years in lodging the FIR.

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Learned counsel for the petitioner next relies upon the order of the Hon’ble Supreme Court of India in the case of Mandar Deepak Pawar vs. State of Maharashtra and Another reported in 2022 SCC OnLine SC 2110 and submits that therein in the facts of that case, as the appellant and the respondent no.2 before the Hon’ble Supreme Court of India were undisputedly in a consensual relationship from 2009 to 2011 on assurance of marriage, the Hon’ble Supreme Court of India quashed the said FIR, hence, it is submitted that in this case also, the prayer as prayed for by the petitioner be allowed as the allegations against the petitioner are false, hence, the prayer as prayed for by the petitioner in this Cr.M.P., be allowed.

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Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P and submits that the undisputed facts remains that on the basis of the written report submitted by the prosecutrix, police registered Ranchi Sadar P.S. Case No.241 of 2022 and took up investigation of the case of the prosecution and during the investigation of the case, the statement under Section 164 of CrPC of the prosecutrix was recorded wherein she has supported the case of the prosecution. It is next submitted that the petitioner knowing pretty well that the prosecutrix has supported the case

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Cr. M.P. No.365 of 2026

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( 2026:JHHC:5310 )

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in her statement recorded under Section 164 of CrPC has withheld the same by not filing the same. It is next submitted that police in the charge sheet have in categorical terms mentioned that inter alia on the basis of the statement of the prosecutrix recorded under Section 164 of the CrPC, that the allegations against the petitioner were found to be true and charge sheet has been submitted against him. It is next submitted that in view of the direct and specific allegation against the petitioner of having committed the offence of rape repeatedly upon the victim; in her statement under Section 164 of CrPC., it is submitted that this Cr.M.P., being without any merit, be dismissed.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the undisputed facts remain that during the investigation of the case, the statement under Section 164 of CrPC of the victim has been recorded. It is fairly submitted by the learned counsel for the petitioner that the petitioner does not know what statement has been made by the prosecutrix in her statement under Section 164 of CrPC. Police have in no uncertain manner has mentioned in the charge sheet that the allegation against the petitioner was found to be true in respect of the offences for which charge sheet has been submitted, based on the statement of the victim recorded under Section 164 of CrPC. In view of the facts and circumstances of this case, since the petitioner himself says that he does not know what is the allegation made against him in the statement of the prosecutrix recorded under Section 164 of the CrPC and

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Cr. M.P. No.365 of 2026

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( 2026:JHHC:5310 )

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the police has in no uncertain manner has mentioned that the allegation against the petitioner was found to be true based on the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., hence, this Court is of the considered view that this is not a fit case where the prayer as prayed for by the petitioner in this Cr.M.P. is to be acceded to in exercise of the power under Section 528 of the BNSS, 2023 by this Court at this nascent stage.

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Accordingly, this Cr.M.P., being without any merit, is dismissed.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 16^th of February, 2026 AFR/ Abhiraj Uploaded on 26/02/2026

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Cr. M.P. No.365 of 2026

Accused v. the State of Jharkhand

Case brief

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Accused v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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