Sunil Gorain 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 528  of the  B.N.S.S.,  2023  with the  prayer  to  quash  the  entire  criminal  proceeding  in  connection  with Barwadda P.S. Case No. 119 of 2024.

Learned counsel for the petitioner submits that in this case, charge sheet has already been submitted by the police against the petitioner but the petitioner has withheld the same by not filing before this court. It is next submitted that in this case, after submission of charge sheet, the learned trial court has taken cognizance of the offences  and  that  order  has  also  not  been  filed  in  this  court.  It  is  then submitted that after appearance of the petitioner, charge has already been framed but the learned counsel for the petitioner submits that the petitioner  does  not  know  for  which  offences,  charge  has  been  framed. It is further submitted that after framing of charges, witnesses have also been examined but the petitioner does not know how many witnesses have been examined in this case. But, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

Learned Addl.P.P. appearing for the State on the other hand submits that the petitioner has not come to the court with clean hands. It is next submitted that the petitioner is suppressing the material facts as to for which offences, charge has been framed against him. It is further submitted that the petitioner is suppressing the fact that the trial is at the fag end, by not disclosing how many witnesses have already  been  examined  in  the  case,  though  the  petitioner  participated in cross-examination of each of the witnesses examined by the prosecution in the learned trial court. Hence, on this score alone, the petitioner  is  not entitled  to invoke  the  jurisdiction  of this  Court  under Section 528 of the B.N.S.S., 2023. It is lastly submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that this Criminal Miscellaneous Petition is a frivolous one and the petitioner has not come to the Court with clean hands. The petitioner has suppressed from this Court as to for which offences, the charge has been framed against him and has also withheld the copy of the charge sheet by not filing the same before this Court and by not even disclosing exactly as to how many witnesses have been examined in the trial.

In view of the  conduct of  the petitioner, since the  petitioner has not come to the Court with clean hand, this Court is not inclined to accede to the prayer of the petitioner made in this Criminal Miscellaneous Petition, in exercise of its power under Section 528 of the B.N.S.S., 2023.

Accordingly, this Criminal Miscellaneous Petition, without any merit, is dismissed.