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rajasthan high court

Challenging the Inherent Jurisdiction of High Court: Ranchi High Court

To quash the initiation of the prosecuting against an accused at the stage of issuing processor at the stage of committal or even at the stage of framing of charges. The power vested in the High Court under Section 482 CrPC refers to the consequence negate the prosecution case without allowing the prosecution to lead the evidence. Such a determination should be rendered with caution, care and circumspection held by Hon’ble Justice Sanjay Kumar Dwivedi in the matters of Ranjana Burman & others v. The State of Jharkhand. [ Cr.M.P. No. 1637 of 2011].

The background of the case arises from the father of the complainant was suffering from cancer and belongs to the category of B.P.L Treatment of the complaints father. For getting government assistance, the complainant had been approached the petitioner for attesting some documents i.e. photographs, identity proof, income certificate, certificate of B.P.L but the petitioner ousted the complaint using abusive language and stated that ‘she does not do the work of Miyan and desired to get the work done then have to pay Rs.5,000/- otherwise will be implicated declaring the agent of I.S.I for which the complainant made a complaint. The further allegation against the complainant along with a witness requested the accused- petitioner to do the work upon which accused-petitioner become violent and misbehaved with the complainant and witness and also abused and denied to attest the said document for which information is given to all concerned authority but nothing has been done. It is further stated that the absence of attested documents, the complainant was not able to get the amount of government assistance, resulted in the death of the complainant father.

The petitioner went to the Police station to take appropriate steps against the said person. Based on the application the First Information Report was instituted under Section 353 and 504 of the Indian Penal Code. The Police investigated and the charge sheet was submitted under Section 504 IPC. The petitioner has been transferred to the position of Deputy Collector Land Reforms. In the mean, while the respondent obtained the knowledge of the same and inquired into the matters and award of the case filed against the respondent. Further petitioner filed the quashing application and interim protection was provided to the petitioner. 

The respondent discharged the official duty and in executing the duty respondent was threatened and for that response was instituted the First Information Report in which a charge sheet was submitted against the respondent.

The Hon’ble Court said that in the exercise of its jurisdiction under Section 482 CrPC must make a just and right choice. “Order taking Cognizance and entire criminal proceeding in connection with Complaint are quashed”. The allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can reach the conclusion that sufficient ground for proceeding against the accused. 

 

Click here to read the Judgment.

Judgment Reviewed by – Kaviya S.

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