IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No.1712 of 2024 ------

1. Ashish Oraon, aged about 42 years, S/o Kamlesh Oraon 2. Ashok Oraon, aged about 39 years, S/o Kamlesh Oraon

3. Kamlesh Oraon, aged about 68 years, S/o Late Garmu Oraon All R/o of Village- Aanjan, PO and PS- Gumla, District- Gumla.

… Petitioners Versus

1. The State of Jharkhand

2. Jayshree Kumari, aged about 36 years, W/o Vijay Oraon and D/o Janak Bhagat, R/o Village- Pachagai, PO- Nagjuwa, PS-

Kairo and District- Lohardaga. Opposite Parties …

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For the Petitioners : Mr. Mohit Prakash, Advocate M/s Jyoti Nayan Vishal Kr. Binay, Advocates For the State : Mrs. Priya Shrestha, S. P.P.

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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 entire criminal proceeding including the order taking cognizance dated 27.02.2024 passed by the learned S.D.J.M., Lohardaga, in connection with Kairo P.S. Case No.12/ 2022 corresponding to G.R. Case No.110/ 2024 (Vide C.S. No.32/ 2023) registered under Sections 341, 323, 498A/ 34 IPC whereby and whereunder learned SDJM, Lohardaga, has taken cognizance of the offences under Sections 341, 323, 498A / 34 IPC as well as under Sections 3 /4 of the Dowry Prohibition Act, inter-alia, against the petitioners; basing upon the charge-sheet submitted by the Police against them.

being the relatives of the husband of the informant made a dowry demand of Rs.7 Lakhs and treated her with cruelty by harassing and by beating her with sticks and drove her out from her matrimonial home with a view to coerce her to fulfil their unlawful dowry demand of Rs.7 Lakhs. There is specific allegation of assault against the petitioners on 27.06.2021. There is also specific allegation of demanding Rs.7 Lakhs not only from the informant, but also from the father of the informant after the informant was driven out from her matrimonial house to meet the unlawful demand; on separate occasions. Further there is allegation against the petitioners of assaulting and beating the informant in her matrimonial house also upon expression of inability of her father to meet the unlawful dowry demand of Rs.7 Lakhs.

4. The informant filed Complaint Case No.52 of 2022 in the Court of Chief Judicial Magistrate, Lohardaga, and the same was referred to the Police under Section 156(3) of the Cr. P.C. and the Police registered Kairo P.S. Case No.12/ 2022 and took investigation of the case. Police after investigation found the allegations made in the First Information Report to be true and submitted charge-sheet, inter-alia, against the petitioners for having committed offences punishable under Sections 341, 323, 498A/ 34 IPC and 3 /4 of the Dowry Prohibition Act. Basing upon the same, the learned Magistrate has taken cognizance of the offences, as already indicated above in the foregoing paragraphs of this judgement.

5. It is submitted by learned counsel for the petitioners that the brother-in-law of the informant, whereas, petitioner no.3 is father-in-

law of the informant.

6. It is next submitted that even if the allegations as made in the FIR are considered to be true, no offence in respect of which the charge-sheet has been submitted, is made out. Hence, it is submitted that the prayer made in the instant Cr. M. P. may be allowed.

7. Learned SPP for the State on the other hand vehemently opposes the prayer and submits that there is direct and specific allegation against the petitioners of harassing the informant by beating her repeatedly and driving her away from her matrimonial house, with a view to coerce her to meet their unlawful dowry demand of Rs.7 Lakhs. Further, there is direct and specific allegation against the petitioners for making dowry demand not only from the informant, but also from the father of the informant after coming to the house of the fa