Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 1880 (JHR)

SANJAY KUMAR CHATURVEDI v. THE STATE OF JHARKHAND

W.P.(Cr.)/810/2025 · 2026-01-20

Gautam Kumar Choudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:1524 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 810 of 2025 Sanjay Kumar Chaturvedi, S/o Late Ramakant Chaturvedi, R/o Choubey Colony, Kokar, Near Subhash Chowk, Kokar, P.O. GPO, P.S. Sadar, District- Ranchi, Jharkhand ..... .... Petitioner Versus 1. The State of Jharkhand 2. Puja Kumari, D/o Birendra Prasad, R/o Hinoo, P.O. & P.S. Doranda District- Ranchi … …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Prashant Gupta, Advocate For the State : Mr. Zaid Imam, AC to SC-VII ------ Order No. 02 / Dated : 20.01.2026. 1. The instant writ petition has been filed under Article 226 of the Constitution of India for an appropriate order to quash the entire proceeding arising out of Complaint Case No. 7767 of 2025 lodged registered under Sections 120B, 34, 384, 386, 295, 298, 306, 499, 500, 153(A), 376(D), 354(B) of the IPC and under Section 303(2) and 352 of BNS, 2023. 2. The instant complaint case has been filed against altogether 15 accused persons by the complainant who claims herself to be a practicing lawyer at Civil Court, Ranchi. All the accused persons, who have been made accused in this case, are also practicing advocates in Civil Court, Ranchi. 3. The case of the complainant in brief is that she started practice as a lawyer since 2019, and during her professional career, improper sexual advances were made and was physically exploited by accused Sajay Vidrohi, Pawan Ranjan Khatri, Amrendra Kumar Jha and Sanjay Kumar Chaturvedi. A long list of allegations has been made which includes the accused persons having threatened the complainant of committing gang rape. It is alleged that her senior Naimuddin Ansari was mercilessly assaulted by the accused persons and it was alleged, that she has illicit relationship with him. She had filed a case against Sama Parveen and Sahla Tabassum against whom the matter is pending before the Civil Court, Ranchi. Sahla Tabassum is the first wife of the senior of the complainant namely, Naimuddin Ansari. 4. In this case, during enquiry, the statement of the complainant has been recorded on solemn affirmation 28.06.2025 but the enquiry has not been concluded. 2026:JHHC:1524 5. It is submitted by learned counsel for the petitioner that the complainant is misusing the process of law by lodging forged complaint cases. By abusing the process of law, she has lodged as many as 15 cases against the Members of Bar, Media Persons and others. 6. Without adverting to the merit of the instant writ petition, this Court is of the view that in order to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, some legal or fundamental right of the petitioner should have been infringed. It appears that although the complaint has been filed but neither the cognizance has been taken in this case nor the processes have been issued against the petitioner. Mere filing of a complaint cannot be said to have infringed any right of the petitioner so that any direction can be issued. 7. In any case, there are salutary provision in the BNSS, 2023 for hearing of an accused at the stage of cognizance. In the present case, cognizance has not been taken. 8. It may also be noted that filing of a false complaint before a public servant or before a court of law on affidavit, is itself an offence. If on enquiry in a complaint case, trial court finds it to be false or concocted, then it may proceed against such complainant for offences committed under Chapter XIII & XIV of BNS, 2023 read with Sections 379 and 215 of BNSS, 2023. 9. Under the circumstance, since no order has been passed after enquiry, from which the Petitioner can be said to be aggrieved, the instant writ petition is dismissed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ - Uploaded 22.01.2026