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( 2025:JHHC:31276 )
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Cr. M.P. No.4838 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.4838 of 2022
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1. Md. Imran Ansari, aged about 39 years,
2. Md. Mahtab Ansari @ Mahtab Ansari, aged about 48 years,
3. Md. Sultan Ansari, aged about 42 years, All sons of Late Qurban Ansari. 4. Shahida Khatoon, aged about 45 years, wife of Md. Mahtab Ansari,
5. Najra Khatoon, aged about 32 years, wife of Md. Sultan Ansari, All are resident of Village & P.O.-Hariharpur, P.S.-Hariharpur, Dist.-Dhanbad. … Petitioners
Versus
1. The State of Jharkhand, and
2. Shahida Praveen, wife of Md. Imran Ansari, Daughter of Late Halim Ansari, Resident of Village & P.O.-Hariharpur, P.S.- Hariharpur, Dist.-Dhanbad presently residing at Village- Thakurchak, P.O.-Galagi, P.S.-Nimiaghat, Dist.-Giridih. … Opposite Parties
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For the Petitioners : Mr. Manoj Kr. Sinha, Advocate For the State
: Ms. Ruby Pandey, Addl.P.P. For the O.P. No.2 : Mr. Kamdeo Pandey, Advocate
: Mr. Abhay Kishore, Advocate
------ 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
( 2025:JHHC:31276 )
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Cr. M.P. No.4838 of 2022
Procedure with a prayer to quash and set aside the order dated 23.08.2022 passed by learned Judicial Magistrate-1st Class, Dhanbad in C.P. Case No.9609 of 2022 as well as the entire criminal proceeding arising out of the same whereby and where under the complainant has been directed to file requisite for service of notice upon the petitioners under Section 12 of the Protection of Women from Domestic Violence Act, 2005. 3. The brief fact of the case is that upon filing an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and on 23.08.2022 the Magistrate has fixed 08.09.2022 for hearing and has issued notice to the petitioners. 4. Learned counsel for the petitioners submit that the order dated 23.08.2022 passed by the learned trial court is illegal as the allegations made in the complaint are only false and complaint has been filed to harass the petitioner with ulterior motive, hence, it is submitted that the prayer as prayed for in this Cr.M.P., be allowed. 5.
Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submit that since the learned Judicial Magistrate-1st Class, Dhanbad has issued notice to the petitioners, the petitioners may take all his contentions before the learned Judicial Magistrate-1st Class, Dhanbad and there is no justifiable reason for quashing the order dated 23.08.2022, hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. ( 2025:JHHC:31276 )
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Cr. M.P. No.4838 of 2022
6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that the only contention of the petitioners for quashing the order dated 23.08.2022 is that the allegation made in the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is false. Since, notice has been issued by the learned Judicial Magistrate-1st Class, Dhanbad, the petitioners is free to raise all his contentions before the learned Judicial Magistrate-1st Class, Dhanbad, but there is no justifiable reason for quashing the order dated 23.08.2022 as there is no illegality in the said order. 7. Accordingly, this Cr.M.P., being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 09th of October, 2025 AFR/ Abhiraj
Uploaded on 13/10/2025