IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3731 of 2023

1. Surya Narayan, aged about 41 years, son of Upendra Kumar Singh

2. Chandra Narayan, aged about 31 years, son of Upendra Kumar Singh

3. Smt. Shail Devi, aged about 60 years, wife of Upendra Kumar Singh All resident of Shail Niwas House No. 30 B, Nutandih, Co- Operative Colony, Near Co-Operative Colony Ground, P.O.-Koyala Nagar, P.S.-Saraidhela, Dist.-Dhanbad (Jharkhand)

.... Petitioners Versus

1. The State of Jharkhand

2. SMT. Puja Singh, wife of Surya Narayan and daughter of Sri Ramadhar Singh, at present residing with her father at Shakti Nagar Gali No.10, Nawada House, Nagabigha Road, P.O. & P.S.-

Aurangabad, Dist.-Aurangabad (Bihar)

…. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY …..

For the Petitioners : Mr. Pramod Kr. Choudhary, Advocate For the State : Mr. Fahad Allam, Addl. P.P.

For the O.P. No.2 : None …..

By the Court:-

1. Heard the parties.

2. Though opposite party no.2 has put in appearance through her lawyer but 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 Cr.P.C. with the prayer to quash the entire criminal proceeding including the order dated 10.05.2022 passed by the learned Judicial Magistrate 1st Class, Dhanbad in C.P. Case No. 2089 of 2021 whereby and where under, the learned Judicial Magistrate 1st Class, Dhanbad has taken cognizance of the offences punishable under Sections 498A, 341 and 323/34 of the Indian Penal Code having been committed by the petitioners.

4. It is submitted by the learned counsel for the petitioners that the petitioners are innocent and have not committed any offence. It is next submitted by the learned counsel for the petitioners that no occurrence as alleged has taken place and for the same set of occurrences, the informant has institute Seraidhela P.S. Case No. 147 of 2021 on 24.07.2021. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

5. The learned Addl. P.P. on the other hand vehemently opposes the prayer and submits that the only grievance of the petitioner is that for the selfsame occurrence, the complainant has already lodged Seraidhela P.S. Case No. 147 of 2021 on 24.07.2021. It is next submitted by learned Addl. P.P. that Section 210 of Cr.P.C. lays down the procedure to be followed when there is a complaint case and police investigation in respect of the same offence. It is then submitted by learned Addl. P.P. that in view of the specific provision in shape of Section 210 of Cr.P.C. certainly, a complaint case cannot be quashed merely because a police case has already been instituted. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

6. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that the only contention of the petitioner is that for the same offence a complaint case and a police case has been registered.

7. Be that as it may, since Section 210 of Cr.P.C. prescribes the procedure to be followed in such case, this Court is of the considered view that continuation of the investigation in a police case and complaint case will not be a justifiable reason to exercise the power under Section 482 of Cr.P.C. to quash the entire criminal proceeding as prayed for by the petitioners in this criminal miscellaneous petition.

8. Accordingly, this criminal miscellaneous petition being without any merit is dismissed.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi Dated the 22nd January, 2026 AFR/Sonu-Gunjan/-

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