Jharkhand High Court
Arvind Kumar @ Pappu @ Arbind Kumar vs The State Of Jharkhand ..... Opposite ... on 25 August, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
[ 2025:JHHC:26308]
2024:JHHC:45000
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3026 of 2018
Arvind Kumar @ Pappu @ Arbind Kumar, aged about
54 years, son of Late chiranji Lal, resident of Road No. 4,
Adityapur-2, P.O.- Adityapur, P.S.- RIT (Adityapur),
Dist.- Seraikella- Kharsawan ...... Petitioner
Versus
The State of Jharkhand ..... Opposite Party
For the Petitioner : Mr. Manindra Kr. Sinha, Adv.
For the State : Mr. Pankaj Kr. Mishra, Addl. PP
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with a prayer for quashing and setting aside the order dated 07.07.2018 passed in G.R. case no. 683 of 2017 corresponding to RIT P.S. case no. 52 of 2017 passed by learned CJM, Seraikella by which learned Magistrate has taken cognizance of the offence punishable under Section 295A of IPC even though there is no sanction as envisaged under Section 196(1) (A) of the CrPC.
3. Relying upon the order of the Hon'ble Supreme Court of India in the case of Manoj Rai and Others vs. State of M.P. reported in (1999) 1 SCC 728, it is submitted by the learned counsel for the petitioner that in a similar matter, the Hon'ble Supreme Court of India quashed the criminal proceeding. In this respect learned counsel for the petitioner also relied upon the judgment of a coordinate bench of this court in the case of Paresh Nath vs. State of Jharkhand & Another passed in CrMP no. 930 of 2006 dated 12.03.2012 and submits that as the sanction for prosecution was not granted in that case, the cognizance order was quashed 1 Cr.M.P. No. 3026 of 2018 [ 2025:JHHC:26308] 2024:JHHC:45000 by the co-ordinate Bench of this Court, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.
4. Learned Addl. PP on the other hand vehemently oppose the prayer of the petitioner and drawing attention of the court to the Annexure 'C' of the Counter Affidavit dated 21.04.2025 submits that the Deputy Commissioner, Seraikella- Kharsawan vide letter dated 25.03.2025 has requested for sanction for prosecution under Section 295A of IPC in connection with the said RIT P.S. case no. 52 of 2017 but the same has not been accorded as of yet.
5. In view of the undisputed fact that there is no sanction for prosecution as envisaged under Section 196 (1) (a) of the CrPC, learned CJM, Seraikella has committed a gross illegality by taking cognizance of the offence punishable under Section 295A of the IPC vide his order dated 07.07.2018 passed in G.R. case no. 683 of 2017 corresponding to RIT P.S. case no. 52 of 2017. Hence, this Court has no hesitation in holding the said order dated order dated 07.07.2018 passed in connection with G.R. case no. 683 of 2017 corresponding to RIT P.S. case no. 52 of 2017 being not sustainable in law is liable to be quashed and set aside.
6. Accordingly, the order dated order dated 07.07.2018 passed in connection with G.R. case no. 683 of 2017 corresponding to RIT P.S. case no. 52 of 2017 is quashed and set aside.
7. In the result, this Criminal Miscellaneous Petition is allowed.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 25th August, 2025 Smita /AFR 2 Cr.M.P. No. 3026 of 2018