Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 19957 (JHR)

RESHMA ALIAS RESHMA KHATOON v. THE STATE OF JHARKHAND

Cr.M.P./967/2025 · 2026-07-06

Anil Kumar Choudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:JHHC:20026] 1 Cr. M.P. No.967 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.967 of 2025 ------ Reshma @ Reshma Khatoon, age about 34 years, Wife of Kallu Khan, Resident of Mohalla, Kund Mohalla, P.O. & P.S.- Daltonganj, District- Palamau. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Nityanad Prasad Choudhary, Advocate. For the State : Mr. Pankaj Kumar Mishra, A.P.P. For the Informant : Mr. Panita Mandal, 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 inter alia with the prayer to quash the orders dated 29.06.2024 and 16.12.2024 passed by the Special Judge POCSO Act, Palamau at Daltonganj in connection with Daltonganj Town P.S. Case No. 52 of 2024 corresponding to POCSO Case No. 27 of 2024 whereby respectively the warrant of arrest was issued and the proclamation under Section 82 of the Cr.P.C. was also issued. 3. At the outset, learned counsel for the petitioner does not press the prayer to quash the order dated 29.06.2024 and confines his prayer to quash the order dated 16.12.2024. Accordingly, the prayer to quash the order dated 29.06.2024 passed in Daltonganj Town P.S. Case No. 52 of 2024 corresponding to POCSO Case No. 27 of 2024 is rejected as not pressed. 4. So far as the order dated 16.12.2024 is concerned, learned counsel for the petitioner submits that the same was passed mechanically without [2026:JHHC:20026] 2 Cr. M.P. No.967 of 2025 application of mind. Hence, it is submitted that the same be quashed and set aside. 5. The learned Additional Public Prosecutor on the other hand vehemently opposes the prayer and submitted that there is absolutely no illegality in said order dated 16.12.2024 passed by the Special Judge POCSO Act, Palamau at Daltonganj in connection with Daltonganj Town P.S. Case No. 52 of 2024 corresponding to POCSO Case No. 27 of 2024. Hence, it is submitted that this Cr.M.P. being without any merit be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that on 16.12.2024, the investigating officer of the case filed a petition with the prayer for issue of the process under Section 82 of the Cr.P.C. against the petitioner, who is one of the accused person of this case involving the offences punishable under Sections 376, 385, 386, 120B of the I.P.C. and Section 4 of the POCSO Act as well Section 66E and 66A of the Information Technology Act. The learned Exclusive Special Judge, POCSO Act case Palamau at Daltonganj was satisfied from the materials available in the record that petitioner is evading his arrest and ordered for issue of proclamation fixing appearance of the petitioner in the Court of Exclusive Special Judge, POCSO Act cases at 10:30 AM on 16.01.2025. This Court finds from the materials available in the record that the learned Exclusive Special Judge, POCSO Act cases has recorded the satisfaction that the petitioner is absconding and on being so satisfied, issued the proclamation under Section 82 of the Cr.P.C. fixing the time and place for appearance of the petitioner, who is the accused person of [2026:JHHC:20026] 3 Cr. M.P. No.967 of 2025 that case. There is absolutely no illegality in the impugned order warranting interference of this Court in exercise of its power under Section 528 of the B.N.S.S, 2023. 7. Accordingly, this Cr.M.P. being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 06th July, 2026 AFR/ Amar Uploaded on 13/07/2026