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2017 Supreme(Jhk) 667

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, J.
Ranjan Deb, Son of late Rabindra Kumar Deb - Petitioner
Versus
The State of Jharkhand & Ors. - Opposite Parties
Cr. M.P. No. 178 of 2017
Decided On : 07-08-2017

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Delip Jerath, Advocate
For the Opposite Parties :Mr. Sudhanshu Kumar Deo, APP., Mr. Shadab Eqbal, Advocate

Headnote:Code of Criminal Procedure, 1973 – Section 482 – Indian Penal Code 1860 – Sections 406, 420 and 376(i) – Application was made under section 482 for invoking the inherent powers of the court – the allegations were made that the petitioner had taken Rs.20 lacks from the wife of the informant and was also sexually abusing her since a long time – evidence is to show that there were intimacy between the petitioner and the wife of the informant – the allegations appear to be true – there appears no ground for the court to invoke its inherent power at this stage of the case when the investigation is still pending – the application is premature – the grounds for invoking the inherent powers is that the material produced before the court will rule out the charges made against the accused, there appears to be none such ground – Application dismissed (Paras 8 and 9)

ORDER :

Heard the parties.

2. In this application, petitioner has prayed for quashing the entire criminal proceeding in connection with Argora P.S. Case No. 04 of 2017 registered for the offence under sections 406, 420 and 376(i) of the Indian Penal Code.

3. An FIR was instituted by the opposite party no. 2, in which it was stated that the informant who is a resident of Kadru in the district of Ranchi was in jail custody in some false case from 12.8.2014 to 17.9.2016. It is alleged that when after his release he returned home he found that his wife had withdrawn Rs. 54 lacs from their joint bank account . On being asked about the same, his wife refused to answer. It is alleged that his wife had spent Rs.34 lacs and had given rs.20 lacs to the petitioner on the terms that the petitioner will give her rs.40,000/- per month as interest. It is further alleged that money was taken by the petitioner on the pretext that petitioner is to open a new clinic at Patna. It has been stated that amount of Rs.20 lacs was given to the petitioner in installment. Further allegation has been levelled that the wife of the petitioner had been sexually abused several times by the petitioner at his house as well as in his clinic. The petitioner is also alleged to have sexually abused the wife of the petitioner in Maple Wood Hotel, Ranchi, where the petitioner had booked a room in the name of wife of the petitioner where she was sexually abused on 15.8.2015 and 17.7.2016. Informant further adds that in the third instance, the room was booked in the name of Guitar Teacher of the children of the informant. Further allegation has been levelled that photographs of the wife of the petitioner in a compromising position were also taken. It has also been alleged that after the informant was released from jail custody, the petitioner had tried to sexually abuse his wife and when she refused, the petitioner threatened to upload the photographs in the internet. The informant had divulged that his wife was getting psychiatric treatment, which the petitioner knew. The wife of the informant was also being treated by the petitioner for some dental problem and taking advantage of mental condition of his wife, the petitioner had taken Rs.20 lacs and had also abused her sexually.

4. Based on the aforesaid allegations, Argora P.S. Case No. 4/2017 was instituted for the offence under sections 406, 420 and 376(i) of the Indian Penal Code.

5. Mr. Delip Jerath, learned counsel for the petitioner, has submitted that petitioner is a renowned dentist who annually pays income tax of a substantial amount. It has further been submitted that wife of the petitioner is also an Ortho Dentist and is a co-partner in the dental clinic of the petitioner. Learned counsel adds that no evidence has been brought on record by the informant with respect to the alleged amount of Rs.20 lacs being given to the petitioner. He adds that the informant himself is a man of dubious character as he was in custody for sexual abusing his domestic help for which Doranda Argora P.S. Case No. 465 of 2014 was instituted for the offence under section 376 of the Indian Penal Code and Section 4 of the POCSO Act. Learned counsel submits that the informant himself having criminal history by instituting the FIR is trying to blackmail the petitioner to subjugation. Learned counsel further adds that no bank statement was given by the informant to substantiate his claim that the amount of Rs.20 lacs was withdrawn and given to the petitioner. No evidence has also been produced by the informant showing his wife as insane and is undergoing psychiatric treatment. Learned counsel submits while referring to the supplementary affidavit filed by him that in a recent development, the wife of the informant had come to the clinic and delivered two letters casting aspersion on the informant as well as expressing regret at the implication of the petitioner in a false case. Learned counsel therefore submits that since no materials have







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