PINKI DEV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 of Cr.P.C. with a prayer to quash the order dtd. 22/3/2023 passed by the learned Special Judge, POCSO Act, Dhanbad whereby and where under, learned Special Judge, POCSO Act, Dhanbad has dismissed the Protest-cum-Complaint Case No. 3144 of 2023 as the learned Special Judge, POCSO Act, Dhanbad found the case of the prosecution to be improbable one.

(3.) The brief fact of the case is that the petitioner filed Complaint Case No. 4590 of 2022 in the court of Chief Judicial Magistrate, Dhanbad and the same was referred to police under Sec. 156 (3) Cr.P.C. basing upon which Bankmore (Bhuli O.P.) P.S. Case No. 145 of 2022 was registered. Police investigated the case and after investigation of the case, police found that the allegation against the accused persons that the accused persons in criminal conspiracy with each other and in furtherance of common intention with each other trespassed to the house of the informant and forcibly made the daughters of the informant remove their clothes and touched their private parts after making them naked and capturing the same by making a video and demanded extortion from the husband of the petitioner, to be not true. On the basis of the statement of the independent witnesses and the technical evidence, police found the allegation against the accused persons to be not true and did not send up the accused persons for trial.