[2026:JHHC:2344] 1 Cr. M.P. No.3071 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3071 of 2024 ------ 1. Hare Krishna Jha, son of Late Girijadhar Jha, aged about 58 years, 2. Kalpana Devi @ Kalpana Jha, wife of Hare Krishna Jha, aged about 56 years, 3. Gourav Jha @ Gaurav Kumar Jha, son of Sri Hare Krishna Jha, aged about 31 years, All permanent resident of village & P.O.- Matiyama, P.S. Sonhoula, Dist.- Bhagalpur, Bihar, at present residing Ward No. 2, Shivpur, P.O. Godda, P.S. Godda town, Distt. Godda (Jharkhand) … Petitioners Versus 1. The State of Jharkhand 2. Ritu Jha, Aged about 40 years, W/o- Anant Kumar Jha, R/o- Village- Shivpur Ward No. 20, Godda, P.O.- Godda, P.S.- Godda (Town), District- Godda, Pin No.- 814133 … Opposite Parties ------ For the Petitioners : Mr. Sanddip Barnwal, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl.P.P. For the OP No.2 : Mr. Manoj Kumar Sah, Advocate Ms. Puja Kumari, 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 528 of the B.N.S.S., 2023 with [2026:JHHC:2344] 2 Cr. M.P. No.3071 of 2024 the prayer to quash the entire criminal proceeding and the order dated 10.06.2020 in connection with Godda (T) P.S. Case No. 182 of 2019 corresponding to G.R. Case No. 521 of 2020 whereby and where under the learned Chief Judicial Magistrate, Godda has taken cognizance of the offences punishable under Sections 341, 342, 323, 325, 379, 354B/34 of the Indian Penal Code. 3. Learned counsel for the petitioners submits that charge has not yet been framed in this case by the learned trial court. 4. The allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons, on 29.06.2019 at about 7 PM, assaulted the informant by hitting her neck with iron rod by which the informant fell down on the ground and thereafter, they assaulted the informant with lathi danda. They tore the blouse of the informant and committed theft of her ear-ring and chain from her neck. On the basis of the written report submitted by the informant-lady, police registered Godda (T) P.S. Case No. 182 of 2019 and took up investigation of the case and after completion of the investigation, police found the allegations against the petitioners to be true and submitted charge sheet against the petitioners. Basing upon the same, the learned Chief Judicial Magistrate, Godda has taken cognizance of the said offences. 5. Learned counsel for the petitioners submits that the petitioners No.2 and 3 have filed a Title (Partition) Suit No. 79 of 2011 and there are several other litigations between the parties, hence, this false case has been foisted against the petitioners. It is next submitted that none [2026:JHHC:2344] 3 Cr. M.P. No.3071 of 2024 of the offences is made out against the petitioners. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 6. Learned Additional Public Prosecutor appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioners made in this Criminal Miscellaneous Petition and submit that the pendency of the litigation between the parties do not confer any right to commit offences causing grievous hurt, outraging the modesty, committing theft, wrongfully restraining and wrongfully confining any person. It is next submitted that the undisputed fact remains that the allegations made in the FIR, was also found to be true by the police during the investigation of the case and if the contents of the FIR, charge sheet as well as the contents of the case diary, are considered to be true in their entirety, then the offences in respect of which the learned Chief Judicial Magistrate, Godda has taken cognizance are in fact, made out against the petitioners. It is lastly submitted that there is no justifiable reason to quash the entire criminal proceeding at this nascent stage. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 7. 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 allegations of serious nature against the petitioners, of causing grievous hurt to informant-lady in her own house, outraging her modesty by tearing her blouse, [2026:JHHC:2344] 4 Cr. M.P. No.3071 of 2024 committing theft of ear-ring and chain from her neck besides wrongfully restraining and wrongfully confining her. Police found the allegations to be true and submitted charge sheet and basing upon which, the learned Chief Judicial Magistrate, Godda has taken cognizance of the offences as already indicated above in the foregoing paragraph of this judgment. 8. In view of the serious nature of allegations against the petitioners, this Court is of the considered view that there is no justifiable reason to accede to the prayer of the petitioners made in this Criminal Miscellaneous Petition in exercise of its power under Section 528 of the B.N.S.S., 2023. 9. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 29th of January, 2026 AFR/ Saroj Uploaded on 30/01/2026