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2026 Supreme(Jhk) 385

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sahmul Shah @ Sahmul Sah – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ritesh Kumar, Advocate
For the Respondent: Mr. Prabhu Dayal Agrawal, Spl. P.P.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls.

3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceedings including the order dated 16.12.2023 passed by the learned Sub-Divisional Judicial Magistrate, Lohardaga in connection with Complaint Case No.490 of 2023 whereby and where under the learned Sub-Divisional Judicial Magistrate, Lohardaga has ordered for issuance of summons against the petitioners for having committed the offences punishable under Sections 323, 341 and 504 of the Indian Penal Code after finding prima facie case for the same.

4. The brief fact of the case is that the petitioner No.5 is the daughter-in-law of the complainant and the other petitioners are the relatives of the petitioner No.5. The allegation against the petitioners is that the petitioners called the members of the family of the complainant to be ‘Daain-Bisahi.’ The petitioner No.5 could not bear a

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