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2025 DAILYLAW 24076 (JHR)

RAJESH KUMAR RAJAK v. THE STATE OF JHARKHAND

Cr.M.P./2869/2022 · 2025-09-08

Anil Kumar Choudhary

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Judgment text

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(2025:JHHC:27395) 1 Cr. M.P. No. 2869 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2869 of 2022 ------ Rajesh Kumar Rajwar @ Rajesh Rajwar, aged about 27 years, s/o Kalicharan Rajwar, r/o at near Shiv Mandir, Tata Sijua 12 no. colony, Belatanr, PO & PS – Bhelatend, District – Dhanbad, Jharkhand. … Petitioner Versus The State of Jharkhand … Opp. Party ------ For the Petitioner : Mr. Sheo Kr. Singh, Advocate For the State : Ms. Amrita Kumari, 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 Cr.M.P. application has been filed under the jurisdiction of this Court under Section of 482 of the Code of Criminal Procedure with twin prayers but at the very outset the learned counsel for the petitioner submits that the petitioner does not want to press the prayer to quash the order dated 29.11.2018 passed by learned Chief Judicial Magistrate, Godda whereby and whereunder the learned Chief Judicial Magistrate, Godda found prima facie case inter alia against the petitioner for having committed the offences punishable under Sections 147, 148, 341, 342, 353, 504 and 506 of the Indian Penal Code in connection with Godda (M) P.S. Case No. 67 of 2018 corresponding to G.R. Case No. 739 of 2018 but the petitioner confines his prayer only to quash the order dated 22.10.2021 passed by learned Chief Judicial Magistrate, Godda, in Godda (M) P.S. Case No. 67 of 2018 corresponding to G.R. Case No. 739 of 2018. (2025:JHHC:27395) 2 Cr. M.P. No. 2869 of 2022 3. Accordingly, the prayer to quash the order dated 29.11.2018 passed by learned Chief Judicial Magistrate, Godda whereby and whereunder the learned Chief Judicial Magistrate, Godda found prima facie case inter alia against the petitioner for having committed the offences punishable under Sections 147, 148, 341, 342, 353, 504 and 506 of the Indian Penal Code in connection with Godda (M) P.S. Case No. 67 of 2018 corresponding to G.R. Case No. 739 of 2018, is rejected as not pressed. 4. The brief fact of this case is that the petitioner is an accused of Godda (M) P.S. Case No. 67 of 2018 corresponding to G.R. Case No. 739 of 2018. After investigation, Police submitted chargesheet against 16 accused persons of the case for having committed for the offences punishable under Sections 147, 148, 341, 342, 353, 504 and 506 of the Indian Penal Code and vide order dated 29.11.2018 cognizance was taken against 16 accused person against whom the said chargesheet was submitted on 31.10.2018 before the Court concerned. Later on, vide order dated 05.03.2020, the learned Chief Judicial Magistrate, Godda permitted further investigation of the case. Consequent upon that Police submitted chargesheet against 14 accused persons of the case including the petitioner for having committed offences punishable under Sections 504 / 427 of the Indian Penal Code. Upon submission of the said chargesheet against 14 accused persons, after further investigation, vide order dated 22.10.2021, the learned Chief Judicial Magistrate, Godda, found prima facie case against the petitioner, who is one of the 14 accused persons in respect of whom Final Report dated 15.10.2021 was submitted. 5. Learned counsel for the petitioner further fairly submits that if it is treated that the learned Chief Judicial Magistrate, Godda has found prima facie (2025:JHHC:27395) 3 Cr. M.P. No. 2869 of 2022 case for the offences punishable under Section 504 / 427 of the Indian Penal Code, then the petitioner has no grievance. 6. Learned Additional P.P. by opposing the contention of the petitioner submits that it is clear from the order dated 22.10.2021 that prima facie case was found vide order dated 22.10.2021 inter alia against the petitioner for the offences punishable under Sections 504 / 427 of the Indian Penal Code consequent upon Final Report having been submitted against him. 7. In view of the submissions made at the Bar, since it is crystal clear that vide order dated 22.10.2021, the learned Chief Judicial Magistrate, Godda has found prima facie case for the offences punishable under Sections 504 / 427 of the Indian Penal Code, consequent upon submission of the Final Form dated 15.10.2021 and the petitioner is not aggrieved by such order. This Court is not inclined to interfere with the said order dated 22.10.2021 in exercise of its power under Section 482 of the Cr.P.C. 8. Accordingly, this Criminal Miscellaneous Petition being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 08th of September, 2025 AFR/ Aditi