##PAGE1##

[2026:JHHC:3755]

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 37 of 2022

1. Anuj Kumar Trivedi @ Anuj Kumar, aged about

42 years.

2. Prabhakar Trivedi @ Prabhakar Kumar Triwedi,

aged about 36 years

3. Prem Prakash Trivedi, aged about 29 years,

All S/o Late Srikant Triwedi, R/o PHED Colony,

Kanke, P.O. and P.S.-Kanke, District-Ranchi.

..... … Petitioner

Versus

1. State of Jharkhand.

2. Amit Kumar, S/o Jaykant Pathak, R/o Furhura

Toli, P.O. and P.S.-Sadar, District-Ranchi.

..... … Opposite Parties

--------

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

------

For the Petitioner : Mr. Kalyan Roy, Advocate.

: Mr. Sidhartha Roy, Advocate.

: Mr. Manoj Tandon, Amicus Curiae

For the State : Mrs. Nehala Sharmin, Spl.P.P.

For the O.P. No. 2 : Mr. Ranjan Kumar, Advocate.

------

27/ 11.02.2026 This matter has been assigned by Hon’ble the Chief Justice

to this Court, that’s is how, this petition has been listed before this

Bench.

2. Heard learned counsel and learned amicus curiae for the

petitioner, learned Spl.P.P. for the State and learned counsel appearing

for the O.P. No. 2.

3. Prayer in this petition is made for quashing of the entire

criminal proceeding including the order taking cognizance dated

07.09.2019, in connection with Complaint Case No. 1548 of 2019,

pending in the court of learned Chief Judicial Magistrate, Ranchi.

4. The complaint case has been filed by the O.P. No. 2,

alleging therein that on 20.02.2019, at about 09.00 A.M., the informant

was going to office, the O.P. Nos. 1, 2 and 3, signal the informant near

Sukuhutu, Kanke Ring Road, over bridge. When the informant stopped

the motorcycle all the accused persons forcibly pulled out the informant

-1-

[2026:JHHC:3755]

and started assaulting him. In course of assault, the informant started

shouting for help, on listening to the hue and cry of the informant,

Dharmshila Devi, Karan Kumar, Jaykant Pathak and few person were

came to save the informant. The petitioners started fleeing away and

during course of running snatched the bag of O.P. No. 2 which was

containing Rs 50,000/- and important documents.

5. Learned counsel appearing for the petitioner submits that

the complaint case has been solemnly affirmed and the place of

occurrence was said to be the Ring Road, Kanke, Ranchi and it has

been stated that when the O.P. No. 2 was going to his duty through the

said Ring Road all along and at that place family members of the O.P.

No. 2 reached and rescued the O.P. No. 2. He next submits that the O.P.

No. 2 is the brother-in-law of all these petitioners. He also submits that

the sister of the petitioners namely Nira Kumari has lodged an FIR,

being Kanke P.S. Case No. 38 of 2019, under Section 498-A of the

Indian Penal Code against O.P. No. 2 and his family members and

thereafter as a retaliation, several cases have been lodged against these

petitioners by the O.P. No. 2 and his family members. He then submits

that several complaint cases / police cases have been lodged against the

petitioners and their family members and details of which are produced

hereinbelow:-

“1. Sadar P.S. Case No. 278 of 2019

2. Sadar P.S. Case No. 17 of 2020

3. Doranda P.S. Case No. 279 of 2019

4. Complaint Case No. 1548 of 2019 (present case)

5. Complaint Case No. 106 of 2020

6. Complaint Case No. 31 of 2020

7. Complaint Case No. 2567 of 2021

(Kanke P.S. Case No. 148 of 2021)

-2-

[2026:JHHC:3755]

8. Complaint Case No. 2181 of 2022

9. Kanke P.S. Case No. 160 of 2022

10. Complaint Case no. 1251 of 2021

11. Complaint Case no. 8411 of 2023”

6. In these backgrounds, learned counsel appearing for the

petitioners submits that frivolous cases have been filed against the

petitioners and further the occurrence of the present complaint has

taken place on 20.02.2019, wherein the complaint case has been filed

on 27.03.2019. On these grounds he submits that the order taking

cognizance and the entire criminal proceeding may kindly be quashed.

7. Learned A.P.P. appearing for the State has opposed the

prayer and submits that the matter is arising out of a compl