Advocates:
['DILIP KR KARMAKAR', 'VIJAY KUMAR ROY', '', 'ASHUTOSH MISHRA', 'RAJNEESH VARDHAN']

1

IN THE HIGH COURT OF JHARKHAND, RANCHI

----

Cr.M.P. No. 3049 of 2017

----

Sanjay Prasad son of Om Prakash Bhagat, resident of Turiabera, PO and

PS MGM, District East Singhbhum

….. Petitioner

-- Versus --

1.The State of Jharkhand

2.Ram Dhora son of late Krishto Dhora, resident of Baliguma, Jahir Tola,

PO and PS MGM, Town Jamshedpur, District East Singhbhum

…... Opposite Parties

----

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioner :- Mr. Dilip Kr.Karmakar, Advocate

For the State :- Mr. Rajnish Vardhan, Advocate

For the O.P.No.2 :- none

----

7/27.07.2022

By order dated 09.05.2018 notices were directed to be

issued upon the O.P.no.2. Pursuant thereto, the O.P.No.2 has appeared

through Vakalatnama on 28.03.2022 and inspite of repeated call nobody

responded on behalf of the O.P.No.2 and the matter was adjourned with

a view to provide one more opportunity to the O.P.No.2. On 13.06.2022,

on the ground of arguing counsel being out of station, time was taken on

behalf of the O.P.No.2.

Today, when the matter was taken up on repeated call,

nobody has responded on behalf of the O.P.No.2 and the Court tried to

call the counsel for the O.P.No.2 by way of displaying the name of the

counsel for the O.P.No.2 in the Display Board and inspite of that nobody

has responded on behalf of the O.P.No.2.

It appears that the O.P.No.2 has lost interest in the matter

and that is why the matter has been heard on merit.

Heard Mr. Dilip Kumar Karmakar, the learned counsel

appearing on behalf of the petitioner and Mr. Rajnish Vardhan, the

learned counsel appearing on behalf of the respondent State.

This petition has been filed for quashing of the entire

2

criminal proceeding as well as the order taking cognizance dated

19.12.2016 in connection with MGM P.S.Case No.0049 of 2016 arising out

of G.R.(POCSO) No.1530 of 2016, pending in the court of learned

Additional Sessions Judge-I, Jamshedpur.

In the First Information Report filed by the O.P.No.2 in

which it has been alleged that the informant works as Mason and resides

at Baliguma, Mango, alongwith his wife and children. One day in the

month of March, 2016, when he returned his home he found that his

middle daughter namely Rani Ghora, aged about 13-14 years was

weeping, when he inquired she disclosed that one Sanjay Prasad son of

Om Prakash Prasad has forcibly committed rape upon her on threat. She

further disclosed that in the year 2015 during Rakhi Purnima, while she

had gone to the grocery shop of Sanjay Prasad, then the said Sanjay

Prasad forcibly took her behind the shop and after bolting the shop he

committed rape upon her by gagging her mouth with cloth. The accused

had threatened her that if she disclosed that matter then her family

members would be killed. She got scared and did not disclose the

occurrence. Thereafter the accused committed rape upon her several

times. Informant immediately took his daughter to doctor where on

examination the doctor disclosed that his daughter has got pregnant. On

26.03.2016 informant along with his other persons went to the house of

Sanjay Prasad where he admitted his guilt and promised that he is ready

to marry her. On 29.03.2016, the accused married his daughter, but he is

refusing to get responsibility of his daughter and hence this case.”

Mr. Karmakar, the learned counsel appearing for the

petitioner submits that the petitioner filed the complaint against the

accused persons as Complaint Case No.849 of 2016 which was sent for

registration of FIR under section 156(3) of the Cr.P.C. which was

numbered as MGM P.S.Case No.43 of 2016, G.R. No.1462 of 2016, F.R.T.

has been submitted and on protest petition cogn