Veena Mahato 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  the  prayer  to  quash  the  entire  criminal proceeding in connection with Complaint Case No. 815 of 2022 including the order dated 19.11.2022, passed by the learned A.C.J.M.,  Seraikella in connection with  the said  Complaint Case No. 815 of 2022 whereby and where under the learned A.C.J.M., Seraikella has found sufficient materials to proceed against the petitioner no.1 for the having committed  the offences punishable under Section 323, 379, 451, 506 and 504 of the Indian Penal Code and under  Section 3  of the  Prevention  of  Witch (Daain) Practices Act, 1989 and against the petitioner no.2 for having committed the offence punishable under Section 504 and 506 of the Indian Penal Code.

The allegation against the petitioners is that the petitioner no.1 on 30.07.2022 at about 12:00 noon went to the house of the complainant, identifiedthe complainant to be a Witch (Daain) and caused  hurt  to  her  and  intentionally  insulted  her  and  criminally intimidated her and committed theft of Rs.10,000/- from the house of the complainant. On 27.08.2022, the petitioner no.2 came with the petitioner no.1 and identified the complainant to be a Witch  (Daain)  by  calling  her  a Daain,  criminally  intimidated  the complainant. Four years, prior to the occurrence, the petitioner no.1  left  her  matrimonial  house  with  all  her  belongings  and  the marriage  between  the  son  of  the  complainant  and  the  petitioner no.1 was dissolved. On the basis of the complaint, statement of the complainant under solemn affirmation and statement of the inquiry witnesses, the learned Magistrate has found sufficient materials  to  proceed against  the  petitioners  as  already  indicated above.

It is submitted by the learned counsel for the petitioners that the petitioners  are  innocent  and  have  been  falsely  implicated  in  this case only to harass them. It is next submitted that if the allegations and materials in the record are considered to be true, still no offence as alleged is made out against the petitioners.

Relying upon the Judgment of the Hon’ble Supreme Court of India in the case of  Hitesh Verma Vs. The State of Uttarakhand & Anr. in Criminal Appeal No. 707 of 2020 dated 05.11.2020, it is submitted  by  the  learned  counsel  for  the  petitioners  that  therein the Hon’ble Supreme Court of India has relied upon its Judgment in the case of Ishwar Pratap Singh & Ors. Vs. State of Uttar Pradesh  & Anr.,  reported  in  (2018)  13  SCC  612, wherein  it  was held  that  there  is  no  prohibition  under  law  for  quashing  charge sheet in part. Hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition be allowed.

The learned Addl. P.P. and the learned counsel for the opposite party  no.2  on  the  other  hand  vehemently  opposes  the  prayer  as prayed for by the petitioners in this criminal miscellaneous petition and submits that there is direct and specific allegation against  the  petitioner  on  30.07.2022  at  12:00  noon  identifying  the complainant as a witch (Daain) by calling her to be a Daain which is sufficient to constitute the offence punishable under Section 3 of the Prevention of Witch (Daain) Practices Act, 1989. It is next submitted that there is direct and specific  allegation against the petitioner no.1 of causing hurt to the complainant, committing theft of Rs.10,000/- and committing house trespass in order to commit  the  offence  punishable with  imprisonment,  besides  there is  allegation  against  the  petitioners  of  intentionally  insulting  the complainant in such a manner to provoke the complainant to commit  breach  of  peace  or  any  other  offence  and  also  criminally intimidating her. Similarly, in the occurrence which took place on 27.08.2022, the petitioner no.2 intentionally insulted the complainant in a manner, to provoke her to commit breach of peace and commit any other offence and also criminally intimidated her. Therefore, it is submitted that the offence punishable under Section 504 and 506 is also made out against the petitioners. Hence, it is submitted that this criminal miscellaneous petitioner being withoutany merit be dismissed.

Having  heard  the  submissions  made  at  the  Bar  and  after  going through the materials available in the record, this Court finds that so far as the occurrence dated 30.07.2022 is concerned, there is direct allegation against the petitioner no.1 on that day of identifyingthe complainant to be a Witch (Daain) by calling her to be  Daain  which  is  sufficient  to  constitute  the  offence punishable under Section 3  of the Prevention of Witch (Daain) Practices  Act, 1999. Besides, there is allegation that on that day she caused hurt to the complainant by pushing her and committed theft of Rs.10,000/- which is sufficient to constitute the offence punishable under Section 379 of the Indian Penal Code. Further, there is allegation against the petitioner no.1 of committinghouse trespass in order to commit the offence punishable with the imprisonment which is sufficient to constitute the offence punishable under Section 451 of the Indian Penal Code. Moreover, there is also allegation against the petitioners of intentionally insulting the complainant to provoke her to commit breach of peace or any other offence besides committing criminal intimidation by threating to killher in order to create an alarm to the complainant.

Similarly, so far as the occurrence dated 27.08.2022 is concerned, there is direct and specific allegation against the petitioners of intentionally insulting the complainant in a manner to provoke her to commit breach of peace or any other offence besides committingcriminal intimidation.

In view of the materials available in the record, this Court do not find any reason to accede to the prayer made in this criminal miscellaneous petition in exercise of the power under Section 482 of the Code of CriminalProcedure.

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

In view of disposal of this criminal miscellaneous petition, pending interlocutory application, if any, is disposed of being infructuous.