RAMESH SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, Ramesh Sharma has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing of the charge sheet arising out of Sindri P.S. Case No. 13 of 2005 corresponding to G.R. Case No. 623 of 2005 as well as the order dated 27.7.2005 passed by the Chief Judicial Magistrate, Dhanbad whereby and whereunder cognizance of the offence has been taken under Section 376/511, 120B of the Indian Penal Code, presently pending in the court of Sri Sanjay Kumar Singh, Judicial Magistrate, Dhanbad.

(2.) BRIEFLY stated the allegation against the petitioner was that he called for the informant Mahua Dey through one Binod Babu in his school on pretension of certain urgent work. When Mahua Dey visited the premises of Lions Public School, Sindri with her sister Popi, the petitioner, who is the Principal of said school took Mahua Dey to his Chamber and attempted to commit rape on her whereas complainants sister Popi was asked to stay outside. On the resistance as well as screaming by the informant, her sister came in and her chastity any how could be protected. She informed the matter to one Amit Mukherjee and written report was presented before the D.S.P, Sindri on 5.3.2005 of the occurrence which took place on 28.1.2005 at about 12.30 A.M.. The case was instituted on 6.3.2005.

(3.) ON the other hand, learned counsel for the opposite party No. 1 (State) strongly opposed the contention advanced on behalf of the petitioner and submitted that police after investigation submitted charge sheet against the petitioner, Ramesh Sharma for the offence under Section 376/511, 120B of the Indian Penal Code. Learned Chief Judicial Magistrate after finding materials in the case diary took cognizance of the offence against the petitioner which does not call for any interference of this court.