Jharkhand High Court
Amresh Kumar Dhiraj And Ors vs The State Of Jharkhand And Anr on 8 October, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH CORT OF JHARKHAND, RANCHI
Cr. M.P. No. 2744 of 2013
Amresh Kumar Dhiraj and Ors ....... ....... .......... Petitioners
-- Versus --
The State of Jharkhand &Anr.......... Opposite Parties
CORAM :- HON'BLE MR. JUSTICE P.P. BHATT
For the Petitioners :- Mr. A.K.Chaturvedi Advocate
For the State :- A.P.P.
3/ 08.10.2014The present application is filed under section 482 of the Code of Criminal Procedure for quashing the order dated 13.8.2011 passed by the learned Additional Chief Judicial Magistrate,Latehar in Complaint Case No. C-20/13 by which the learned Chief Judicial Magistrate has taken cognizance for the offence punishable under sections 147/341/323/325/504 of the Indian Penal Code against the petitioners.The petitioners further pray for quashing the entire criminal proceeding arising out of Complaint Case no. 20 of 2013, presently the case is pending in the court of learned Chief Judicial Magistrate. Latehar.
2. Learned counsel for the petitioners submitted that initially in a FIR lodged by the opposite party no.2, investigation was carried out and final form was submitted and thereafter protest petition was filed by the opposite party no.2 in the court of learned Chief Judicial Magistrate, Latehar and on the basis of the protest petition cognizance of the offence was taken against the petitioners by the learned court below. It is submitted that false and fabricated allegations have been made out without any concrete materials in support thereof. It is also pointed out that FIR was lodged by the petitioner No.2 against the O.P. No.2 and others on 22th March,2011 in Chandwa P.S.Case No. 24 of 2011 for the alleged offence punishable under sections 147/148/149/341/ 323/307 of the Indian Penal Code. It is further submitted that in a FIR lodged against the complainant and others family members, after completion of the investigation charge sheet has been submitted against the accused persons therein. Learned counsel for the petitioners further submitted that as a counter attack of the FIR, which has been instituted by the petitioner no.2 on 22th March,2011, a complaint case has been instituted by the complainant against the present petitioners by misusing and abusing the process of law only with a view to cause harassment to the petitioners, out of which two petitioner are the Government servants and one petitioner is practicing lawyer at Latehar Judgeship. Learned counsel for the petitioners has also referred to decision given in the case of Swami Mahimanand Saraswti @ Shami Dayanand reported in 2013(2) Eastern Criminal Case 325 and also State of Haryana Vs. Bhajan Lal reported in 1992(Suple) (1) SCC 335. Learned counsel for the petitioners submitted that this case is squarely covered by the case of Bhajan Lal's case also.
3 Learned A.P.P. Appearing for the State submitted that since the present case is arising out of a proceeding by way of complaint case and the complainant has been made as opposite party no.2 in the present proceeding, notice may be issued to the opposite party no.2 and the State Counsel may be given four weeks time to take instruction and file counter affidavit in the present proceeding.
4 Considering the above submissions,let notice be issued upon the opposite party no.2 under registered cover with A/D as well as by ordinary process for which requisite etc must be filed within one week.
3. Notice is made returnable on 19.11.2014.
4. Having regard to the facts and circumstances of the present case, there shall be a stay of further proceeding of complaint case no. 20 of 2013 pending in the court of learned Chief Judicial Magistrate, Latehar till the returnable date of notice. .
SD (P.P. BHATT, J.)