SHARARAD JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kalyan Roy, learned counsel for the petitioner, Mr. Ravi Prakash, learned counsel for the State and Mr. Suraj Singh, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the order dtd. 21/8/2017 as well as entire criminal proceedings in connection with Complaint Case No.407/16, pending in the court of the learned Judicial Magistrate, 1 st Class, Ramgarh.

(3.) The complaint case was filed by the husband of the deceased alleging therein his wife Late Shikha Sinha was under treatment of co-accused since last six months prior to occurrence dtd. 11/8/2016 and 12/8/2016. It was further alleged that during the treatment of said Shikha Sinha of her pregnancy all the accused persons named in the complaint petition in conspire with each other and with intend to remove the kidney of said Shikha Sinha for its unauthorized transportation and transplantation got her admitted in the said nursing home on 11/8/2016 and kept her in an isolated room and on very next day i.e. on 12/8/2016 some unknown persons came at the accused persons and they were talking with them for procurement of kidney and thereafter the said Shikha Sinha was brought to operation theatre and after half an hour she was taken away to some unknown place through an ambulance and after that ambulance returned back to nursing home and then two unknown persons had shifted to said ambulance and thereafter the complainant was also shifted in the said ambulance and went towards the deep forest area of Pirtand Jungle where some unknown persons were present arms with AK-47 rifles and then the complainant was forced to get the funeral ceremony of his wife done and they also threatened him for dire consequences if he would lodge any case against the accused persons. It was also alleged that the signature of the father-in-law of the complainant was also obtained on a typed paper by the said miscreants on the point of lethal arms. It was further alleged that after performing the cremation of the deceased Shikha Sinha, the complainant approached to the local police station for lodging an FIR, but FIR was lodged by delay by the police then the instant case has been filed after belated stage.