IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.332 of 2024

------

1. Mishir Singh, aged about 45 years, S/o Yadu Singh

2. Manoj Kumar Gorain @ Manoj Gorai, aged about 40 years, S/o

Shishir Kumar Gorain

Both R/o village – Ankduara, Baliapur, P.O. + P.S. – Baliapur,

District - Dhanbad … Petitioners

Versus

The State of Jharkhand … Opposite Party

------

For the Petitioners : Mr. M. B. Lal, Advocate

Mr. Avilash Kumar, Advocate

For the State : Mr. Subodh Kr. Dubey, Addl.P.P.

------

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. 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 order dated 30.11.2021 passed by the learned Judicial Magistrate-1st Class, Dhanbad in connection with Nirsa (Kalubathana) P.S. Case No.136 of 2021 corresponding to G.R. Case No.2987 of 2021 as well as the order dated 21.12.2023 passed by the learned Sessions Judge, Dhanbad in Criminal

Revision No.201 of 2023.

3. The brief fact of the case is that the allegation against the petitioners is that the petitioners, being the members of an unlawful

assembly and being armed with deadly weapons used criminal force against the public servant – police officer as well as the informant deterring them from discharging their duty during COVID-19 Pandemic and indulged in the acts for the spread of the epidemic. On the basis of the written-report submitted by the informant, police registered Nirsa (Kalubathana) P.S. Case No.136 of 2021 and after investigation of the case, finding the allegations against the petitioners to be true, submitted charge-sheet against the petitioners for having committed the offences punishable under Sections 147, 149, 188, 353, 269, 270 of the Indian Penal Code and Section 3 of the Epidemic Disaster Act. The learned Judicial Magistrate-1st Class, Dhanbad basing upon the materials available in the record including the F.I.R., charge- sheet and case-diary; found sufficient materials to prima facie constitute the said offences and issued summons to the petitioners. Being aggrieved by the said order, the petitioners filed Criminal Revision No.201 of 2023. The learned Sessions Judge, Dhanbad considered paragraph-1 to 6 and paragraph-55 of the case-diary and found that there is direct and specific allegation against the petitioners that they were members of an unlawful assembly formed by them and violated the Covid 19 lockdown restrictions imposed by the competent public servant and used criminal force against the public servant- police officers in performing their duty and without finding any illegality or impropriety in the order of the learned Magistrate, dismissed the Criminal Revision.

4. Learned counsel for the petitioners submits that in the body of the charge-sheet it has been mentioned that the petitioners were not sent up for trial for lack of evidence but in para-16 of the charge-sheet at the concluding paragraph, it has been mentioned that the police has submitted charge-sheet against the petitioner for having committed the said offences. It is next submitted that the learned Magistrate has mechanically taken cognizance of the offence and the learned Sessions Judge, Dhanbad has also erroneously dismissed the Criminal Revision. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed.

5. Learned Addl. P. P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that because of apparent printing error in the body of the charge-sheet it has been mentioned that the petitioners have not been sent up for trial but keeping view the overwhelming evidence in the record ultimately the Investigating Officer of the case has submitted charge-sheet also against the petitioners as has been mentioned in paragraph-16 of the charge-sheet and the learned Magistrate has proceeded against the petitioner