( 2025:JHHC:30931 ) 1 Cr.M.P. No.1900 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1900 of 2025 1. Dharamdeo Mistri, aged about 60 years, Son of Late Jago Mistri, 2. Chandrashekhar Mistri, aged about 35 years, 3. Brij Mohan Mistri @ Brij Mohan Vishwakarma, aged about 22 years, 4. Antu Mistri @ Antu Vishwakarma, aged about 23 years, All sons of Sri Dharamdeo Mistri, All are residents of Village Awasane, P.O. & P.S. –Chainpur, District –Palamau, Jharkhand. .... Petitioners Versus 1. The State of Jharkhand 2. Pramila Devi, wife of Rajkumar Mistri, Resident of Village – Awasane, P.O. & P.S. –Chainpur, District –Palamau, Jharkhand. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Jai Shankar Tripathi, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl. P.P. For the O.P. No.2 : Mr. Sheo Kr. Singh, Advocate : Mr. Raj Nandan Chatterjee, Advocate : Ms. Priya Saw, Advocate : Ms. Diksha Rani, Advocate ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 15.03.2023 passed in connection with Complaint Case No. 1584 of 2019 by which the learned Judicial Magistrate -1st Class, Palamau has found prima facie case for the offences punishable under Section 323/452/504/34 of the Indian Penal Code and the order dated ( 2025:JHHC:30931 ) 2 Cr.M.P. No.1900 of 2025 23.04.2024 passed in connection with the said Complaint Case No. 1584 of 2019 by which the learned Judicial Magistrate -1st Class, Palamau has directed the Office Clerk to comply with the previous order. Prayer has also been made to quash the entire criminal proceeding in connection with Complaint Case No. 1584 of 2019. 3. The allegation against the petitioners is that the petitioners in furtherance of their common intention trespassed to the house of the informant after preparing for causing hurt and assault and caused hurt to the informant and her family members by assaulting them and intentionally insulted them by provoking them to cause breach of peace and other offences by abusing the informant and others and committed theft of earrings and six bags of cement. On the basis of the complainant, statement of the complainant under solemn affirmation and statement of the inquiry witnesses, the learned Judicial Magistrate has found prima facie case as already indicated above. 4. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are false and there is land dispute between the parties. It is next submitted that the complainant and her associates are the aggressor party and they first assaulted the petitioners and others. It is further submitted that there is an inordinate and unexplained delay of more than three months in institution of the complaint. It is then submitted that the allegations against the petitioners are general and omnibus in nature. Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed. ( 2025:JHHC:30931 ) 3 Cr.M.P. No.1900 of 2025 5. The learned Additional Public Prosecutor and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer as prayed for by the petitioners in this criminal miscellaneous petition and submits that the complainant has categorically stated in her statement under solemn affirmation, about the petitioners committing house trespass by having made preparation for causing hurt to the complainant and her family members and for assaulting them and they have caused hurt to the complainant and others by intentionally insulting them to provoke breach of peace and in view of the materials available in the record, there is ample material for the learned Magistrate to be satisfied that there is prima facie case for the offences punishable under Section 323/452/504/34 of the Indian Penal Code. It is next submitted that the order dated 23.04.2024 is a routine order by which the learned Judicial Magistrate -1st Class, Palamau directed the Office Clerk to comply with the previous order, therefore, there is also no illegality in the same. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the rival submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that the petitioners admit the occurrence but the only defence of the petitioners is that the complainant was the aggressor. The undisputed fact remains that the petitioners have not instituted any case against the complainant or the persons who the petitioners claim to have caused hurt to them, without any plausible reason, on the other hand, there is direct and specific allegation against the ( 2025:JHHC:30931 ) 4 Cr.M.P. No.1900 of 2025 petitioners of causing hurt to the complainant and her family members, after trespassing to the house of the complainant upon making preparation and they have intentionally insulted the informant and others to provoke breach of peace and commission of other offences. 7. Under such circumstances, this Court is of the considered view that there is no justifiable reason to quash the order dated 15.03.2023 passed in connection with Complaint Case No. 1584 of 2019, by which the learned Judicial Magistrate -1st Class, Palamau has found prima facie case for the offences punishable under Section 323/452/504/34 of the Indian Penal Code and also to quash the entire criminal proceeding in connection with the said Complaint Case No. 1584 of 2019, in exercise of its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. So far as the order dated 23.04.2024 passed by the learned Judicial Magistrate -1st Class, Palamau in connection with the said Complaint Case No. 1584 of 2019 is concerned, the same is a routine order by which the learned Judicial Magistrate -1st Class, Palamau has directed the Office Clerk to comply with the previous order. So as such, there is no illegality in the said order also. 9. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 22nd September, 2025 AFR/Sonu-Gunjan/-