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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Kamleshwar Kumar Bharti S/o Shri Hari Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the order dated 11.03.2025 passed by learned Chief Judicial Magistrate, Pakur whereby and where under the learned Chief Judicial Magistrate, Pakur has taken cognizance for the offences punishable under Sections 64(2)(b), 74, 115(2), 351(2), 75(2), 79 of the B.N.S., 2023 against the petitioner in connection with Pakur (T) P.S. Case No.296 of 2024 corresponding to G.R. Case No.161 of 2025 on the basis of the charge sheet submitted by the police after investigation of the case.
3. The allegation against the petitioner is that the petitioner being a public servant committed rape upon the informant who was engaged as a contractual Junior Division Clerk in the office of District Animal Husbandry, Pakur on outsourcing basis while the petitioner was posted as District Animal Husbandry Officer in the district of Pakur. There is also allegation against the petitioner of using criminal force to the informant with intent to outrage her modesty, causing sexual harassment
The High Court cannot quash charges under Section 528 of the B.N.S.S., 2023 without conducting a mini-trial, and the evidence must be evaluated at trial, not at this preliminary stage.
The court established that police officers can be prosecuted without government sanction if they can be removed by the Inspector General, and that the merits of the case should be determined at trial....
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
Proceedings under BNS Section 69 for sexual intercourse by deceitful promise of marriage not quashable under BNSS Section 528 despite compromise, as serious heinous offence with societal impact.
High Court cannot consider defense or veracity of evidence when exercising powers under Section 482 of Cr.P.C., and must treat the FIR as true to uphold the proceedings against the petitioner.
At cognizance stage, criminal proceedings under dowry harassment provisions not quashable if case diary materials prima facie disclose specific offences, without assessing defence or merits; vague al....
Deceitful marriage promise during forcible rape despite protest does not exclude rape offence; malicious prosecution claim not assessable at summoning stage but post-trial; quashing under CrPC Sectio....
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