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[ 2025:JHHC:38490] 1 Cr.M.P. No. 2183 of 2020 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2183 of 2020
1. Barmeshwar Dubey, aged about-66 years son of Late Ram Nagina Dubey, resident of village- Sohnipatti (Sarinpur), P.O. & P.S.- Industrial area, District-Buxar, (Bihar)
2. Narayan Tiwari aged about- 65 years, son of Late Ragunath Tiwari, resident of Basmanpur, P.O. & P.S.- District-Bhojpur (Bihar)
...... Petitioners Versus The State of Jharkhand
….. Opposite Party
For the Petitioners : Mr. Peeyush K. Choudhary , Adv. Mr. Amrit Anunay , Adv. For the State
: Mr. Manoj Kumar, GA III
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 CrPC with the prayer for quashing and setting aside the entire criminal proceeding as well as the FIR in connection with Gua P.S. case no. 26 of 2015 (G.R. no. 420 of 2015) registered for the offences punishable under Sections 302, 201, 34 of IPC, pending in the court of learned CJM, Chaibasa. 3. Learned counsel for the petitioners submits that the petitioners are not aware about the present status of the case. It is next submitted that there is an inordinate delay in lodging of this FIR as the occurrence took place on 31.08.1987 but the FIR was lodged only on 09.07.2015, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 4. Learned counsel for the State on the other hand vehemently opposes the prayer of the petitioners and submits that when the offence involved in this case is punishable under Section 302 of IPC, the delay in lodging the FIR, cannot be a ground to quash the
[ 2025:JHHC:38490] 2 Cr.M.P. No. 2183 of 2020 entire criminal proceeding. It is next submitted that the police after investigation have submitted charge sheet, against the petitioners and the petitioners have not challenged the same so, the petitioners have not come to court with clean hands. It is next submitted that the charge has also been framed against the petitioners but the order framing charge has neither been brought on record nor challenged, hence, it is submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed. 5.
Having heard the submissions made at the Bar and after going through materials available in the record, this court is of the considered view that since the petitioners have not come to court with clean hands by suppressing the material fact that the charge sheet has been submitted against him and the charge has also been framed against him but they have neither brought the same to the notice of the court nor challenged the same, hence, in view of the development in this case, which the petitioners have suppressed from this Court, this Court is not inclined to exercise its power under Section 482 of CrPC to accede to the prayer made by the petitioners in this Criminal Miscellaneous Petition, only on the ground of delay in lodging the First Information Report. 6. Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 19th December, 2025 Smita /AFR
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