LAWS(JHAR)-2023-12-5

DHIREN SINGH Vs. STATE OF JHARKHAND

Decided On December 11, 2023
Dhiren Singh Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The summoning order dtd. 22/2/2019 passed in Complaint Case No.1227 of 2018 filed under Ss. 354, 325, 324, 379 of the Indian Penal Code pending in the Court be Judicial Magistrate, 1st Class, Ranchi wherein prima facie case after enquiry has been found to be made out under Ss. 323, 354, 34 of the Indian Penal Code is under challenge in the instant criminal miscellaneous petition.

(2.) As per the case of the complainant was the resident of Ranchi, petitioner no.1 was Nandosi of the complainant and petitioner nos.2 and 3 were his sons who were residents of Aurangabad and Gaya in Bihar. Alleged incidence takes place on 15/3/2018 at 8.45 p.m., when they called her to come near Birla Maidan as they lost the route of the residence of the complainant. When she went there, she was taken in the car and it is alleged that she was molested and assaulted by the accused persons. They threatened her from not filing any cases against them. There is no mention in complaint petition regarding genesis of the offence as to why the close relatives committed breach of trust and conjointly molested the victim lady.

(3.) It is submitted by the learned counsel on behalf of petitioner that the instant case is classical example of false persecution as it was an outcome of learned dispute between both sides. One Prelitigation Suit No.143/2013 was decreed in favour of the petitioner no.1 by the order of Permanent Lok Adalat in Partition Suit No.143/13. The Review was also rejected vide order dtd. 20/6/2019. Being aggrieved by the said order, to wreak vengeance, present criminal case has been filed.