NIRMALA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State. The private respondent No. 4 has not appeared in spite of notice. This writ petition has been filed for quashing the entire criminal proceeding as well as the FIR in connection with Koderma (Telaiya) P.S. Case No. 415 of 2001 corresponding to G.R. No. 685 of 2001 instituted against the petitioners for the offence under Sections 406, 420, 120B, 109 and 111 of the Indian Penal Code against the petitioners.

(2.) THE respondent No. 4 is the informant in the said case, who is the step brother of petitioner No. 2, wherein he has made allegation against his step mother and step brother to have taken away his gold ornaments weighing 40 tola on 5.11.2001, on the pretext of getting them exchanged for the purpose of marriage of son of the informant. On the basis of the written information given by the informant, Koderma (Telaiya) P.S. Case no. 415 of 2001 was instituted and investigation was taken up.

(3.) HAVING heard learned counsels for both the sides and upon going through the record, I find that the offence relates to the alleged occurrence dated 5.11.2001. The petitioners have brought on record as Annexure 7, an undisputable piece of document to show that on the same date i.e., on 5.11.2001, the statement of petitioner No. 2 was recorded on solemn affirmation in the Court of the Chief Judicial Magistrate at Akola in the State of Maharashtra, in a complaint case filed by him against other persons. Though it is a settled principle of law that at this stage the defence of the accused is not to be looked into and if the offence is made out on the basis of the allegations in the FIR, the criminal proceeding against the accused cannot be quashed in exercise of the extra ordinary power under Art. 226 of the Constitution of India, but in the present case the petitioners have brought on record an undisputable document to establish the presence of the petitioner No. 2 in the Court of the Chief Judicial Magistrate at Akola in the State of Maharashtra.