NIRANJAN PRASAD 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 the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding including the order dtd. 30/11/2022 passed in connection with Complaint Case No.2715 of 2019 whereby and where under the learned Sub-Divisional Judicial Magistrate, Ranchi has found prima facie case for the offences punishable under Ss. 323, 341 and 506 of the Indian Penal Code.

(3.) The allegation against the petitioners is that the petitioner No.2 being the sister and the petitioner No.1 being the husband of the petitioner No.2 along with the mother of the complainant sold the joint property left behind by the father of the complainant to other persons behind the back of the complainant. There is specific allegation against that on 5/6/2019 at 6:00 pm, Suryakant Yadav and Baban Yadav along with Goonda elements abused the complainant and assaulted her and there is general and vague allegation that all the accused persons cheated, abused and assaulted the complainant; without mentioning any specific date, time and place. On the basis of the complaint, statement on solemn affirmation of the complainant and statement of the enquiry witnesses, the learned Sub-Divisional Judicial Magistrate, Ranchi found prima facie case of the said offences, as already indicated above.