UPENDAR NATH SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been taken up through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio- video and with their consent this matter has been heard.

(2.) By order dtd. 7/9/2015 notice has been issued upon the O.P. No. 2. Notice has been effected upon O.P. No. 2 as per office note dtd. 15/10/2015. Now, this is year, 2022. Inspite of notice, O.P. No. 2 has not appeared as yet. It appears that O.P. No. 2 has lost interest.

(3.) This petition has been filed for quashing of entire criminal proceeding including order dtd. 17/1/2012 passed in P.C.R. Case No. 158 of 2006, corresponding to T.R. 582 of 2013, pending in the Court of learned Chief Judicial Magistrate, Dumka. Complainant has filed complaint petition alleging therein that on 17/1/2005 the marriage of the son of the complainant was solemnized at Deoghar and her daughter-in-law, Sudha Rani was brought at residential house at Dumka. Thereafter she became pregnant for which treatment was going on but in the meantime accused no. 1 visited the house of complainant on 10/1/2006 for vidagiri without assigning any reason then the complainant told him that her daughter-in-law is under medical treatment. On 18/3/2006 the accused no. 1 and 2 again came at the house of the complainant and they tried to compel for vidagiri of daughter-in-law of complainant but the vidagiri has not been done. Thereafter on 4/4/2006 accused nos. 1 to 3 along with three unknown persons came at her house in a maruti van without number along with jeep of Dumka Town Police Station and forcibly entered into the house and took away Smt. Sudha Rani with them. It is further alleged that accused nos. 4 and 5 entered in the bedroom of Sudha Rani and took away ornaments. On protest, several persons gathered there.