Dr. Dina Nath Singh And Others vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the First Information Report including all subsequent proceeding arising out of Taljhari P.S. Case No.113 of 2019 corresponding to G.R. No.754 of 2019 registered for the offences punishable under Sections 302, 201, 120 (B), 34 of the Indian Penal Code; which is pending in the court of learned Judicial Magistrate-1st Class, Rajmahal.

Learned counsel for the petitioners draws the attention of this Court towards page-21 of the brief and submits that the complainant/informant-Jogan Mahaldar filed Complaint Case No.965 of 2016 in the court of Chief Judicial Magistrate, Sahibganj. The same was forwarded to Borio (J) Police Station under Section 156 (3) of Cr.P.C. and consequent upon the same, Borio (J) P.S. Case No.60 of 2020 was registered but inadvertently even though the learned S.D.J.M. categorically forwarded the copy of the complaint to Borio (J) Police Station, Taljhari P.S. Case No.113 of 2019 has been illegally registered; without any basis. Hence, it is submitted that the First Information Report including all subsequent proceeding arising out of Taljhari P.S. Case No.113 of 2019 corresponding to G.R. No.754 of 2019 which is pending in the court of learned Judicial Magistrate-1st Class, Rajmahal, be quashed and set aside.

Learned Spl.P.P. appearing for the State fairly submits that because of some error, Taljhari P.S. Case No.113 of 2019 has been registered.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is crystal clear that the Officer Incharge of Taljhari Police Station has committed a grave illegality by registering Taljhari P.S. Case No.113 of 2019 even though the learned S.D.J.M., forwarded the Complaint Case No.965 of 2016 to the Borio (J) Police Station for institution of the First Information Report under Section 156 (3) of Cr.P.C. and Borio (J) P.S. Case No.60 of 2020 has been registered upon the same in which after investigation of the case, Final Report has been submitted and the petitioner has not been sent up for trial as is evident from page-28-31 (Annexure-2) of the brief.

Considering the aforesaid facts, this Court has no hesitation in holding that the continuation of this case against the petitioner will amount to abuse of process of law as Taljhari P.S. Case No.113 of 2019 has been registered illegally without any basis.

Accordingly, the First Information Report including all subsequent proceeding arising out of Taljhari P.S. Case No.113 of 2019 corresponding to G.R. No.754 of 2019 which is pending in the court of learned Judicial Magistrate-1st Class, Rajmahal, is quashed and set aside against the petitioner.

In the result, this Cr.M.P. stands allowed.