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Raju Bodra vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 13 February 2023 · Citation: (2023) 02 JH CK 0014

HON’BLE JUDGES
Gautam Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 494, 498A · Code Of Criminal Procedure, 1973 — Section 210
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 2393 Of 2022
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Judgment

8 paragraphs · 395 words

Gautam Kumar Choudhary, J

1.

Instant petition has been filed for quashing the order dated 11.01.2022 whereby and whereunder a prima facie case has been found under Sections 498A, 494 of the Indian Penal Code in Complaint Case No.2691 of 2019.

2.

The petitioner is husband and the complainant is his wife. The main ground on which the present petition has been filed is that on similar fact situation, earlier Mahila P.S. Case No.19 of 2011 was lodged under Sections 498A, 494 of the Indian Penal Code by the present complainant Prabha Toppo against this petitioner and one Sunita Kerolin Tuti.

3.

In earlier police case, the main allegation was that the petitioner had illicit relationship with one Sunita Kerolin Tuti which was objected by the complainant on which she was subjected to assault and abuse. The present complaint is also based on similar facts and further allegations have also been levelled. In this view of the matter, it is submitted that the subsequent compliant case will not be maintainable. Lastly, it is submitted that these multiple cases have been lodged only to grab the house of this petitioner.

4.

From bare perusal of the F.I.R. and the summoning order, it is apparent that both the cases relate to offence under Sections 498A, 494 of the Indian Penal Code. Petitioner and the complainant is the same. In the earlier police case the trial is in progress and during the pendency of the trial the present complaint case has been filed. Section 210 of the Cr.P.C has been enacted to meet such an eventuality which provides under sub-section 2 that the magistrate shall enquire into or tried together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.

5.

Here in the present case, the summoning order has been issued only against the petitioner under Section 498 A and Section 494 of the IPC who is already facing prosecution in the police case by the complainant for similar offence.

Under the circumstance, under Section 210 of the Cr.P.C. will apply in the proceeding in the present case and both the cases are clubbed together and will proceed as a police case. Learned Court below is directed to proceed as per provisions under Section 210 of the Cr.P.C.

Criminal miscellaneous petition is disposed of.