(2025:JHHC:37750) 1 Cr. M.P. No.3626 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3626 of 2023 ------ 1. Ramchandra Sao @ Ramchandra Sah, aged about 68 years, Son of Late Dhanai Sah, Resident of Village – Bansani, Ward No.-11, Post Office- Jhagrakhand, Police Station- Bhawnathpur, District- Garhwa, Jharkhand. 2. Lakhan Sao @ Lakhan Sah, aged about 48 years, Son of Late Dhanai Sah, Resident of Village- Bansani, Ward No-11, Post Office- Jhagrakhand, Police Station- Bhawnathpur, District- Garhwa, Jharkhand. … Petitioners Versus 1. The State of Jharkhand 2. Pinki Kumari, Daughter of Brahmdev Singh, Resident of Village- Bansani, Post Office-Jhagrakhand, Police Station- Bhawnathpur, District- Garhwa, Jharkhand … Opposite Parties ------ For the Petitioners : Mr. Jitendra Sharma, Advocate Mr. Peeyush Krishna Choudhary, Advocate For the State : Ms. Nehala Sharmin, Spl.P.P. (Through V.C.) For the O.P. No.2 : None ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls. 3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding (2025:JHHC:37750) 2 Cr. M.P. No.3626 of 2023 of Bhawnathpur P.S. Case No.42 of 2020 as well as the order taking cognizance dated 07.06.2022 passed by the learned Special Judge, POCSO Act Cases, Garhwa in POCSO Case No.48 of 2022 whereby and where under cognizance has been taken by the learned Special Judge against the petitioners for having committed the offences punishable under Sections 376, 504 of the Indian Penal Code and Sections 4, 8 of the POCSO Act. 4. Learned counsel for the petitioners submits that though in the meanwhile charge has already been framed against the petitioners and one but all the prosecution witnesses have been examined but the petitioners have not prayed for quashing the order by which charge has been framed against the petitioners. 5. The allegation against the petitioners is that the petitioner No.1 committed gang rape upon the minor victim girl and on being hue and cry raised by the minor victim girl when the villagers and the witnesses came to the place of occurrence, the petitioners fled away. On the basis of the written-report submitted by the minor victim girl, police registered Bhawnathpur P.S. Case No.42 of 2020 and after completion of the investigation, submitted charge-sheet finding the allegation against the petitioners to be true. 6. Learned counsel for the petitioners submits that the allegation against the petitioners is false. It is next submitted that the petitioners are innocent. It is also submitted that because of previous enmity, this (2025:JHHC:37750) 3 Cr. M.P. No.3626 of 2023 false case has been foisted against the petitioners. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed. 7. Learned Spl. P.P. appearing for the State vehemently opposes the prayer of the petitioners made in the instant Cr.M.P. and submits that there is direct and specific evidence against the petitioners of committing gang rape as well as penetrative sexual assault upon the minor victim girl. It is next submitted that during the trial of the case, the witnesses have supported the case of the prosecution and the petitioners are misleading by saying that the case is next fixed in January though in fact the case is next fixed to 18.12.2025. So, the petitioners have not come to the Court with clean hands. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that there is direct and specific allegation against the petitioners of committing gang rape and penetrative sexual assault upon the minor victim girl. Though charge has already been framed but the petitioners are not challenging the same. The trial is at the fag end. Under such circumstances, this Court is not inclined to accede to the prayer of the petitioner made in this Cr.M.P. 9. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 16th of December, 2025 AFR/ Animesh Uploaded on- 03/01/2026