( 2026:JHHC:3423) 1 Cr.M.P. No.728 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 728 of 2023 1. Goli Devi, aged about 47 years, W/o Bhagwat Ghasi 2. Bhagwat Ghasi, aged about 52 years, S/o Late Yadav Ghasi Both R/o Vill-Barkol Khurd, P.O. Paraswar, P.S. Bhandaria, District Garhwa (Jharkhand) .... Petitioners Versus 1. The State of Jharkhand 2. Gopal Prasad, aged about 53 years, S/o Late Gulab Chand Sao, R/o Vill Barkol Khurd, P.O. Paraswar, P.S. Bhandaria, District Garhwa (Jharkhand) …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Ashok Kumar, Advocate For the State : Mr. Rakesh Ranjan, Addl. P.P. For the O.P. No.2 : Mr. Awadhesh Pandey, Advocate ….. By the Court:- 1. 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 Procedure, 1973 with the prayer to quash the entire criminal proceeding including the order dated 29.09.2022 passed in Complaint Case No.581 of 2022 whereby and where under the learned Judicial Magistrate, 1st Class, Garhwa has found prima facie case for the offences under Sections 452, 323, 341, 427 and 387 of the Indian Penal Code inter alia against the petitioners. 3. It is submitted by the learned counsel for the petitioners that the case is next fixed to 13.02.2026 for evidence and it is also submitted that charge has already been framed against the ( 2026:JHHC:3423) 2 Cr.M.P. No.728 of 2023 petitioners but the petitioners have not challenged the order framing charge against the petitioners. It is next submitted that the genesis of the occurrence is a petty dispute and two false cases including the Bhandariya P.S. Case No.25 of 2022 for the self-same occurrence were instituted on the basis of the written report submitted by the wife of the complainant. Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed. 4. The learned Addl. P.P. 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 submit that Section 210 of the Code of Criminal Procedure prescribes the procedure to be adopted when there is a complaint case and police investigation in respect of the same offence, hence the same is not a ground to initiate the criminal proceeding. More so when though admittedly charge has already been framed against the petitioners but the petitioners are not challenging the same. Hence, it is submitted that this Cr.M.P. without being merit be dismissed. 5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the sole ground on which the petitioners intend quashing of the entire criminal proceeding is that for the same offence a complaint case and a police case has been instituted. Since Section 210 of the Cr.P.C. envisages the ( 2026:JHHC:3423) 3 Cr.M.P. No.728 of 2023 procedure to be followed in such cases, certainly the same is not a ground to quash the entire criminal proceeding, in exercise of the power under section 482 of the Code of Criminal Procedure. More so, though the charge has already been framed against the petitioners in this case, but the petitioners are not challenging the same. 6. Accordingly, this criminal miscellaneous petition, being without merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 9th February, 2026 AFR/Madhav/- Uploaded on: 13/02/2026