Jharkhand High Court
Basudeo Roy vs The State Of Jharkhand And Anr on 28 June, 2017
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 2698 of 2016
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Basudeo Roy, Son of late Amrit Roy, Resident of village-Chaterma,
P.O. and P.S. Margo Munda, Sub Division-Madhupur, District-Deoghar
(Jharkhand) .....Petitioner
Versus
1. The State of Jharkhand.
2. Laila Devi @ Jahwa Devi, Wife of Sukhlal Roy, Resident of
Chateramma, P.O.Margomunda, P.S. Margomunda, District-
Deoghar ( Jharkhand). .....Opposite Parties
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Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Lalje Sahay, Advocate
For the State : Mr. P.K. Appu, APP
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05/28.6.2017Heard the parties.
In this application, petitioner has prayed for quashing of the First Information Report in connection with Margomunda P.S. Case No. 83 of 2015, which has been registered for the offence under sections 147, 149,452, 380, 323, 386, 354(B), 504/34 of the Indian Penal Code and Section ¾ of Witch Craft Act.
It has been submitted by the learned counsel for the petitioner that petitioner is the own Gotia of the Informant and infact litigation both civil and criminal are going on between them. It has further been submitted that petitioner has been implicated on account of previous enmity and in such circumstances, therefore, entire criminal proceeding as against the petitioner deserves to be quashed and set aside.
Learned A.P.P. has opposed the prayer made by the learned counsel for the petitioner.
It appears from the allegation made in the FIR that there was demand of extortion money of Rs.2 lacs from the informant by the accused persons and they had also entered into the room and taken important documents and Rs.8,000/-. It is also alleged that the accused persons had threatened the informant to leave the village. After institution of the FIR, investigation is in progress and nothing has been brought on record to suggest that the investigation has finally been concluded in submission of final form. It further appears that previous dispute is existing between the parties and nothing has been brought on record to suggest the same. At this stage, since the -2- police is already investigating into the allegations made by the informant, it would not be proper and feasible to quash the FIR as prima facie there appears to be allegation made out against the petitioner.
In such circumstances, therefore, I do not find any merit in this application, which is, accordingly, dismissed.
(Rongon Mukhopadhyay,J) Rakesh/