AINUL ANSARI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard the parties. This Cr.M.P. has been filed with a prayer to quash the Order dated 5.7.2001 passed in connection with Bokaro P.S. Case No. 14/2001 [G.R. No. 229/2001], by Additional Chief Judicial Magistrate, Bermo at Tenughat by which cognizance has been taken against the petitioner under Sections 363, 366, 376, 342 and 347 of the Indian Penal Code.

(2.) The facts in brief is that the informant Lakhan Manjhi happens to be son of the victim. It is disclosed that on 22.2.2001 the petitioner was seen talking to the mother of the informant whereafter mother of the informant was taken by the petitioner and his associates on a motorcycle. The informant went to the Police Station and informed the matter but the action taken was not brought to his notice. On 3.4.2001, the informant found his mother in the house of the petitioner where the petitioner was also present. He was apprehended with the help of nearby people and was handed over to the Police and fardbayan of the informant Lakhan Manjhi was recorded at 17:00 hrs. on 3.4.2001 at Bokaro Steel City Police Station. The Police after due investigation submitted charge-sheet against the petitioner and accordingly cognizance by impugned order has been taken.

(3.) It is submitted that the Investigating Officer did not examine the victim lady nor she was sent for her medical examination. The victim was accompanying the petitioner out of her free will and the Investigating Officer before submitting charge-sheet, has not ascertained whether sexual intercourse by the petitioner with the victim was committed with consent or it was forcible and without consent. There is delay of two months in lodging the F.I.R. The informant has lodged this case with ulterior motive and malice. The victim as well as petitioner were employees in the same Department under Central Coalfields Ltd. Even after alleged date of occurrence i.e. 22.2.2001, the victim never appeared before anyone to raise any complaint against the petitioner. In the circumstances, entire prosecution launched against the petitioner and the cognizance order dated 5.7.2001 arising out of Bokaro P.S. Case No. 14/2001 are liable to be quashed.