AJIT KUMAR 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 with the prayer to quash the entire criminal proceeding against the petitioners including the order dtd. 13/5/2022, passed in Ramgarh Mahila P.S. Case No. 20 of 2021, corresponding to G.R. Case No. 383 of 2022 by which cognizance has been taken against the petitioners by the learned Chief Judicial Magistrate, Ramgarh under the erroneous impression that the charge sheet was submitted against them even though they were not sent up for trial because of lack of evidence against them.

(3.) The learned counsel for the petitioners submits that charge has not yet been framed in this case and the case is next fixed to 26/2/2026. Further, the learned counsel for the petitioners relies upon the Judgment of this Court passed in the case of Rabiul Shikh Vs. The State of Jharkhand, in Cr.M.P. No. 2966 of 2022 dtd. 13/6/2023 and submits that in that case, this Court relied upon the Judgment of Hon'ble Supreme Court of India in the case of Nupur Talwar Vs. Central Bureau of Investigation and Another, reported in (2012) 11 SCC 465, para -23 of which reads as under:-