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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Mahua Maji – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. No. 2788 of 2026
Heard the parties.
Learned counsel for the petitioners submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition.
Since, the hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application stands disposed of being infructuous.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with the prayer for quashing and setting aside the entire criminal proceeding including the order dated 10.02.2025 passed by learned Special Judicial Magistrate, MP/MLA Cases, Ranchi; who has mentioned his designation as Elected MP/MLA Special Judge, Ranchi in the order dated 10.02.2025, in connection with Hindpiri P.S. case no. 122 of 2024 whereby cognizance has been taken of the offences punishable under Sections 223 / 174 of , 2023 and further prayer has been made to quash the order dated 16.04.2025 passed by the said Special Judicial Magistrate, MP/MLA Cases, Ranchi in connection with the said Hindpiri P.S. case no. 122 of 2024 which has been renumbered as MP/MLA case no. 02
Cognizance of Section 223 BNS offence requires mandatory written complaint by public servant under Section 215 BNSS; absence vitiates proceedings. Unauthorized election poster affixing does not const....
The main legal point established in the judgment is that if the allegations in the FIR do not constitute a cognizable offence and only constitute non-cognizable offences, the FIR can be quashed.
The court established that for offences under Section 188 IPC, a written complaint from the concerned public servant is mandatory, and without it, the FIRs cannot be maintained. Furthermore, the cour....
Charges of electoral unduly influence require established intent to disrupt electoral rights, which was not proven in this case.
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.
The investigation of a non-cognizable offence without the order of a Magistrate is illegal, and politically motivated prosecutions should be quashed.
The main legal point established in the judgment is that the allegations in an FIR must disclose a cognizable offence, and the appropriate remedies should be pursued for challenging elections, with l....
Prosecution under IPC Sections 188 and 171-F lacks validity without a complaint from the concerned public servant, rendering proceedings void ab initio.
Cognizance of offences under Section 188 IPC requires a written complaint from the concerned public servant, and not a police report; failure to adhere to this renders proceedings void.
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