Surya Narayan vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

Though  opposite party no.2 has put in  appearance through  her lawyer  but  no  one  turns  up  on  behalf  of  the  opposite  party  no.2 in-spite of repeated calls.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the entire criminal proceeding includingthe order dated 10.05.2022 passed by the learned Judicial Magistrate 1st Class, Dhanbad in C.P. Case No. 2089 of 2021 whereby and where under, the learned Judicial Magistrate 1st Class, Dhanbad has taken cognizance of the offences punishable under Sections 498A, 341 and 323/34 of the Indian Penal Code having been committed by the petitioners.

It is submitted by the learned counsel for the petitioners that the petitioners are innocent and have not committed any offence. It is next  submitted  by  the  learned  counsel  for  the  petitioners  that  no occurrence as alleged has taken place and for the same set of occurrences,  the  informant  has  institute  Seraidhela  P.S.  Case  No. 147 of 2021 on 24.07.2021. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

The  learned  Addl.  P.P.  on  the  other  hand  vehemently  opposes the prayer and submits that the only grievance of the petitioner is that for the selfsame occurrence, the complainant has already lodged Seraidhela P.S. Case No. 147 of 2021 on 24.07.2021. It is next  submitted  by  learned  Addl.  P.P.  that  Section  210  of  Cr.P.C. lays down the procedure to be followed when there is a complaint case  and  police  investigation  in  respect  of  the  same  offence.  It  is then  submitted  by  learned  Addl.  P.P.  that  in  view  of  the  specific provision in shape of Section 210 of Cr.P.C. certainly, a  complaint case cannot be quashed merely because a  police case has already been instituted. Hence, it is submitted that this criminal miscellaneous petition being withoutany merit be dismissed.

Having  heard  the  submissions  made  at  the  Bar  and  after  going through the materials in the record, it is pertinent to mention here that the only contention of the petitioner is that for the same offence a complaint case and a police case has been registered.

Be that as it may, since Section 210 of Cr.P.C. prescribes the procedure to be followed in such case, this Court is of the considered view that continuation of the investigation in a  police case and complaint case will not be a  justifiable reason to exercise the power under Section 482 of Cr.P.C. to quash the entire criminal proceeding as prayed for by the petitioners in this criminal miscellaneous petition.

Accordingly, this criminal miscellaneous petition being without any merit is dismissed.