Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 699 of 2021 …. Md. Aziz
…… Petitioner Versus The State of Jharkhand ……Opp. Party With Cr. M.P. No. 2003 of 2021 ….
1. Ruhul Aman Ahmad @ Laddan @ Rahul @ Aman Ahmed
2. Ruhul Aqueel Ahmad @ Munnain
…… Petitioners Versus The State of Jharkhand ……Opp. Party With Cr. Rev. No. 414 of 2021 …. Guddu Gupta @ Brij Mohan Gupta
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhni Bhakat ……Opp. Parties With Cr. M.P. No. 1778 of 2021 …. Shambhu Trivedi @ Nitin Chandra Trivedi
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhni Bhakat ……Opp. Parties With Cr. M.P. No. 2033 of 2021 …. Imdad Ansari
…… Petitioner Versus The State of Jharkhand ……Opp. Party with Cr. Rev. No. 427 of 2021 …. Dinesh Agarwal
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhni Devi ……Opp. Parties with Cr. Rev. No. 429 of 2021 …. Ajay Kerketta
…… Petitioner Versus The State of Jharkhand ……Opp. Party with Cr. Rev. No. 567 of 2021 …. Abhishek Mishra
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhani Bhakat ……Opp. Parties With Cr. Rev. No. 576 of 2021 …. Md. Kareem @ Kareem Cable @ Karim Cable Wala
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhni Bhagat @ Bhagat @ Bhakt ……Opp. Parties with Cr. Rev. No. 579 of 2021 …. Tashbib Ahmed @ Tassu @ Tashmish Ahmed …… Petitioner Versus
1. The State of Jharkhand
2. Dukhni Bhagat ……Opp. Parties With Cr. Rev. No. 589 of 2021 …. Rajesh Kumar Singh @ R. K. Singh
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhni Bhakat ……Opp. Parties With Cr. M.P. No. 1683 of 2021 …. Md. Mushabir Alam @ Shahid
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhani Bhakat ……Opp. Parties With Cr. M.P. No. 1774 of 2021 …. Manoj Sahay
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhani Bhakat ……Opp. Parties With Cr. M.P. No. 1831 of 2021 …. Amit Kumar Singh
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhani Bhakat ……Opp. Parties With Cr. Rev. No. 59 of 2022 …. Gurpreet Singh
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhni Bhakat ……Opp. Parties With Cr. Rev. No. 431 of 2022 …. Munna Dhobi @ Sonu Kumar Rajak
…… Petitioner Versus
1. The State of Jharkhand
2. Dukhni Bhakat ……Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD -----
For the Petitioners : Mr. A.K. Kashyap, Sr. Advocate (Cr. Revision No. 699 of 2021) (Cr. M. P. No. 2003 of 2021) : Mr. Indrajit Sinha, Advocate Mr. Akhouri Awinash Kumar, Advocate Mr. Vaibhav Modi, Advocate Mr. Anupam Shandilya, Advocate (Cr. Revision No. 414 of 2021) (Cr. M. P. No. 1778 of 2021) : Mr. Jitendra Shankar Singh, Advocate Mr. Randhir Kumar, Advocate (Cr. M. P. No. 2033 of 2021) : Mr.Prambir Singh Bajaj, Advocate Mr. Vikash Kumar, Advocate (Cr. Revision No. 427 of 2021) (Cr. Revision No. 431 of 2021) : Mr. Navin Kumar, Advocate (Cr. Revision No. 429 of 2021) : Mr. Arvind Kumar Choudhary, Advocate (Cr. Revision No. 567 of 2021) : Md. Haider Ali, Advocate Md. Hamid Raja, Advocate (Cr. Revision No. 576 of 2021) (Cr. Revision No. 579 of 2021) : Mr. Jitendra Nath Upadhyay, Adv (Cr. Revision No. 589 of 2021) : Mr. Amit Kr. Das, Advocate :Mr. Saurav Kumar , Advocate : Mr. Sahay Gaurav Piyush, Advocate (Cr. M. P. No. 1683 of 2021) (Cr. M. P. No. 1774 of 2021) (Cr. M. P. No. 1831 of 2021) Mr. R. P. Gupta, Advocate (Cr. Revision No. 59 of 2022)
For the State : Mr. Manoj Kumar, GA-III (Cr. Revision No. 414 of 2021) (Cr. M. P. No. 1774 of 2021) (Cr. M. P. No. 1778 of 2021) Mrs. Vandana Bharti, A. P. P. ( Cr. Revision No. 699 of 2021) (Cr. Revision No. 567 of 2021) (Cr. M. P. No. 2033 of 2021) Mr. Vishwanath Roy, Spl. P. P. (Cr. Revision No. 431 of 2022) Mr. Shailendra Kr. Tiwari, Spl. P. P. ( Cr. Revision No. 427 of 2021) Mrs. Nehala Sharmin, A. P. P. (Cr. Revision No. 429 of 2021) (Cr. Revision No. 579 of 2021) (Cr. Revision No. 589 of 2021) Mr. P. D. Agarwal, Spl. P. P. ( Cr. Revision No. 576 of 2021) (Cr. M. P. No. 1683 of 2021) ( Cr. M. P. No. 1831 of 2021) Mrs. Priya Shrestha, Spl. P. P. ( Cr. M. P. No. 2003 of 2021) Mr. Santosh Kumar Shukla, A.P. P. (Cr. Revision No. 59 of 2022)
For the Informant : Mr. Devesh Ajmani, Advocate (In All Cases) ….
JUDGMENT
C. A. V. on 12.07.2023 Pronounced on 21/08/2023
The above these Criminal Revision Applications and Cr. M. Ps. i.e. Cr. Rev. No. 699 of 2021 and Cr. M.P. No. 2003 of 2021 and Cr. Rev. No. 414 of 2021 and Cr. M.P. No. 1778 of 2021 and Cr. M.P. No. 2033 of 2021 and Cr. Revision No. 59 of 2022 and Cr. Revision No. 567 of 2021 and Cr. M.P. No. 1683 of 2021 and Cr. M.P. No. 1774 of 2021 and Cr. M.P. No. 1831 of 2021 are arising out of the same FIR and common order dated
08.07.2021 and as such, all the cases are being heard together and being disposed of together by this common order/judgment.
2. All these above Criminal Revisions and the above Cr.M.Ps. have been filed on behalf of the petitioners as named above by challenging the order dated 08.07.2021 passed by Sri Subhash, learned Sessions Judge-V-cum-Special Judge (POCSO), Jamshedpur in connection with Mango P. S. Case No. 13 of 2018 corresponding to G. R. No. 174 of 2018 [Special Case No. 174 of
2018] whereby the learned Court below has allowed the petition under Section 319 of the Cr. P. C. filed on behalf of the informant for adding the petitioners as accused and further summoned the petitioners to face trial.
3. In Cr. Rev. No. 699 of 2021 and Cr. M.P. No. 2003 of 2021:-
Mr. A. K. Kashyap, learned Senior Counsel for the petitioner has submitted that the impugned order passed by the learned Court below is illegal and arbitrary and as such, the same is not sustainable in the eye of law. It is submitted that without going through the provisions of relevant law, the impugned order has been passed against the petitioner by issuing summon under Section 319 of the Cr. P. C. It is submitted that FIR was lodged on
18.01.2018 for the offence taking place 2-3 years ago and even the petitioner is not named in the FIR and only three persons namely Shiv Kumar Mahato, Indrapal Saini and Shrikant, have been named in the FIR.
It is submitted that the petitioner has filed supplementary affidavit and has enclosed the order sheet dated 14.12.2021 by which it reveals that final report has been submitted in favour of the petitioners and the other petitioners by the C.I.D. and however, the Court below has issued summon. It is submitted that merely on the basis of statement of the victim girl examined as P.W.-3 and
P.W.1 namely Nanak Chand Seth, summon has been issued under Section 319 of the Cr. P. C., which is completely illegal. It is further submitted that trial of the petitioner could not have been separated and the petitioner ought to have tried together with the other petitioners as named in the FIR in view of Section 319 (1) of the Cr. P. C. However, the learned Court below has committed grave illegality by separating the trial of 22 accused persons including this petitioners by passing a composite order in violation of Provisions of Section 319 of the Cr. P.C. It is submitted that on mere presumption and assumption of the Court that there will be delay in appearance and attendance of the accused persons, trial has been separated and as such, serious illegality is committed by the learned Court below.
It is further submitted that after submission of the charge sheet on 06.05.2018 as the accused persons as named in the FIR, the CID took up the investigation in August, 2018 and even during pendency of C.I.D. investigation, the Court has issued summon, which is against the Provision of Law. It is submitted that quality of evidence is not sufficient to invoke the provisions of Section 319 of the Cr. P. C. against the petitioner and in absence of cross- examination of the victim girl, it cannot be concluded that the petitioner can be convicted by the evidence of P.W.-3, the victim girl. It is submitted that P.W.-1, Nanakchand Seth, P.W.-2, Anita Ganotra and P.W.-4, Mamtha Seth, wife of Nanak Seth and P.W.-5 namely Dukhni Bhagat have merely stated tha
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
