Ramesh Sharma vs State of Jharkhand and Another

D.K. Sinha, J.—The petitioner, Ramesh Sharma has preferred this petition u/s 482 of the Code of Criminal Procedure for quashing of the charge sheet arising out of Sindri P.S. Case No. 13 of 2005 corresponding to G.R. Case No. 623 of 2005 as well as the order dated 27.7.2005 passed by the Chief Judicial Magistrate, Dhanbad whereby and whereunder cognizance of the offence has been taken u/s 376/511, 120B of the Indian Penal Code, presently pending in the court of Sri Sanjay Kumar Singh, Judicial Magistrate, Dhanbad.

Briefly stated the allegation against the petitioner was that he called for the informant Mahua Dey through one Binod Babu in his school on pretension of certain urgent work. When Mahua Dey visited the premises of Lion''s Public School, Sindri with her sister Popi, the petitioner, who is the Principal of said school took Mahua Dey to his Chamber and attempted to commit rape on her whereas complainant''s sister Popi was asked to stay outside. On the resistance as well as screaming by the informant, her sister came in and her chastity any how could be protected. She informed the matter to one Amit Mukherjee and written report was presented before the D.S.P, Sindri on 5.3.2005 of the occurrence which took place on 28.1.2005 at about 12.30 A.M.... The case was instituted on 6.3.2005.

Learned counsel appearing on behalf of the petitioner submitted that the entire case is handy work of the D.S.P. Sindri, who in collusion with the informant Mahua Dey and her paramour Amit Mukherjee brought about the case for illegal extortion of money from the petitioner. As a matter of fact, a different Sindri P.S. Case No. 13 of 2005 was lodged against the said D.S.P as well as the witness Amit Mukherjee on the behest of D.C as well as S.P, Dhanbad acting on the report after preliminary enquiry as both were found prima facie, indulged in black mailing the petitioner. No element of Section 376/511 of the Indian penal Code has been found in the statement of the informant as against the petitioner and at best it could be a case of Section 354 of the Indian Penal Code. The learned counsel emphasized that the petitioner is highly qualified person holding prestigious post of Principal in Lion''s Public School, Sindri and the case was brought about with ulterior motive to malign his public image.

On the other hand, learned counsel for the opposite party No. 1 (State) strongly opposed the contention advanced on behalf of the petitioner and submitted that police after investigation submitted charge sheet against the petitioner, Ramesh Sharma for the offence u/s 376/511, 120B of the Indian Penal Code. Learned Chief Judicial Magistrate after finding materials in the case diary took cognizance of the offence against the petitioner which does not call for any interference of this court.

From careful perusal of the entire materials on the record including written report, charge sheet, cognizance order dated 27.7.2005, there appears substance in the argument of the learned Additional Public Prosecutor. But the learned Chief Judicial Magistrate, Dhanbad is silent as to why the cognizance of the offence has been taken also u/s 120B of the Indian Penal Code as many as against five accused persons including the petitioner, Ramesh Sharma.

This court in exercise of the power conferred u/s 482 of the Code of Criminal Procedure do not find it to be a case fit to interfere with the order of cognizance impugned and hence this petition is dismissed with the liberty to the petitioner to raise the issue before the court at the appropriate time.