Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:28654 )
1
Cr. M.P. No.2621 of 2020
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.2621 of 2020
------
Rajeev Kumar aged about 32 years, S/o Badri Narayan Pandey, R/o St. Xavier’s Road, Sakrogarh, Sahibganj, P.O. & Dist.-Sahibganj.
… Petitioner
Versus
1. The State of Jharkhand, and
2. Mohan Rai S/o Late Kailash Rai, R/o Sakrogarh, P.O. & P.S.- Sahibganj, Dist.-Sahibganj.
… Opposite Parties
------
For the Petitioner : Mr. Jai Shankar Tripathi, Advocate For the State
: Mrs. Laxmi Murmu, GP-I
: Mrs. Amrita Banerjee, AC to GP-I
------ 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 with a prayer to quash and set aside the entire criminal proceeding arising out of Complaint Case No.258 of 2005 including the
order dated 22.01.2008 passed by learned Additional Chief Judicial Magistrate, Sahibganj whereby and where under the learned Additional Chief Judicial Magistrate, Sahibganj has taken cognizance for the offences punishable under Sections 147, 148, 452, 387 of the Indian Penal Code against the accused persons cited in the said Complaint Case No.258 of
2005.
( 2025:JHHC:28654 )
2
Cr. M.P. No.2621 of 2020
3.
Learned counsel for the petitioner fairly submitted that the petitioner Rajeev Kumar has not been named as accused person in the said Complaint Case No.258 of 2005, but police is harassing the petitioner claiming that the petitioner’s real name is Pintu Pandey @ Rajeev Pandey, hence, the petitioner filed this Cr.M.P. and it is submitted that the prayer as prayed for in this Cr.M.P., be allowed.
4.
Learned counsel for the State on the other hand submitted that since the petitioner do not admit that his name is Pintu Pandey @ Rajeev Pandey, so the petitioner being not an accused person of the said case, has no locus standi to file this criminal miscellaneous petition with a prayer to quash the entire criminal proceeding. Therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed.
5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is not the case of the petitioner that his name is Pintu Pandey @ Rajeev Pandey rather he has categorically mentioned that his only name is Rajeev Kumar. Since, admittedly, the petitioner is not named in the complaint petition as an accused person and thereby not named in the order dated 22.01.2008 passed by learned Additional Chief Judicial Magistrate, Sahibganj, hence, this Court is of the considered view that the petitioner has no locus standi to challenge this
order being not an aggrieved person of the said order.
6. Accordingly, this Cr.M.P, being without any merit, is dismissed.
( 2025:JHHC:28654 )
3
Cr. M.P. No.2621 of 2020
7. In view of dismissal of the instant Cr.M.P., the interim relief granted vide order dated 04.10.2021, stands vacated.
8. Registry is directed to intimate the court concerned forthwith.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th of September, 2025 AFR/ Abhiraj