GAYTREE DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dtd. 3/9/2024 passed by the learned Chief Judicial Magistrate, Chaibasa in connection with Chaibasa Sadar P.S. Case No.65 of 2023.

(2.) Initially, though the case was instituted involving the offences punishable under Ss. 341, 323, 325, 427, 504, 506, 34 of the Indian Penal Code but police after investigation of the case, submitted charge-sheet against the petitioners for having in furtherance of their common intention committing the murder of Vinod Kumar Das. The petitioners did not appear after submission of the charge-sheet in the trial court even though they were on police bail. The learned trial court considering the judgment of the Hon'ble Supreme Court of India in the case of Pradeep Ram vs. The State of Jharkhand & Another reported in 2019 Supreme (SC) 716 and also reported in (2019) 17 SCC 326 paragraph-31 to 31.4 of which read as under:-

(3.) Learned counsel for the petitioners submits that the allegation against the petitioners is false. It is next submitted that the petitioners have co-operated with the trial. It is further submitted that the cognizance of the offence has been taken arbitrarily. It is also submitted that the learned trial court considered the judgment of Pradeep Ram vs. The State of Jharkhand & Another (supra) erroneously. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed.