(2026:JHHC:9796) 1 Cr. M.P. No.1207 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1207 of 2023 ------ 1. Kaitku Thakur, Aged about 45 years, 2. Dukho Thakur, aged about 40 years, Both are S/o Bhumeshwar Thakur, Resident of Village- Gamhariya, P.O.- Gamhariya, P.S.- Mahagama, District.- Godda, Jharkhand. … Petitioners Versus 1. The State of Jharkhand 2. Anand Thakur, aged about 45 years, S/o Doman Thakur, Resident of Village- Gamhariya, P.O.- Gamhariya, P.S.- Mahagama, District.- Godda, Jharkhand. … Opposite Parties ------ For the Petitioners : Mr. Pankaj Kr. Choudhary, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl.P.P. For the O.P. No.2 : None ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls. 3. 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 order dated 06.08.2022 passed by the learned Judicial Magistrate-1st Class, Godda in connection with Complaint Case No.379 of 2020 whereby and whereunder the learned Magistrate has found prima facie case for the offences (2026:JHHC:9796) 2 Cr. M.P. No.1207 of 2023 punishable under Sections 323, 448, 379 and 34 of the Indian Penal Code. 4. The allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, committed house trespass and after trespassing to the house of the complainant, caused hurt to his mother by beating her black and blue and committed theft of silver chain of Rs.5,000/-. On the basis of the complaint, statement of the complainant on solemn affirmation and the statement of the enquiry witnesses, the learned Magistrate has found prima facie case for the said offence and passed the summoning order. 5. Learned counsel for the petitioners submits that the allegation against the petitioners is false. It is next submitted that the complainant in her statement on solemn affirmation and the enquiry witnesses in their respective statements, have not taken the name of the petitioners. Hence, it is submitted that the prayer of the petitioners, as prayed for in the instant Cr.M.P., be allowed. 6. Learned Addl. P. P. appearing for the State on the other hand vehemently opposes the prayer of the petitioners made in the instant Cr.M.P. and submits that in the complaint, there is direct and specific allegation against the petitioners of committing house trespass, causing hurt to the mother of the complainant by beating her black and blue and committing theft of her silver chain; and to a question from the court, the complainant in paragraph-6 of his statement on solemn affirmation, has stated that all the accused persons are remaining ill, hence, they are quarrelling. It is next submitted that prima facie case is (2026:JHHC:9796) 3 Cr. M.P. No.1207 of 2023 not found on any isolated statement but by taking into consideration the entire materials in the record; which includes the complaint also and in view of direct and specific allegation against the petitioners made in the complaint, it will not be proper to quash the entire impugned order at this nascent stage. It is lastly submitted that this Cr.M.P., being without any merit, be dismissed. 7. Having heard the rival submissions made at the Bar and after carefully going through the materials in the record, this Court finds that that there is direct and specific allegation against the petitioners of committing house trespass, causing hurt to the mother of the complainant by beating her black and blue and committing theft of silver chain, in furtherance of common intention with the co-accused persons. Therefore, this Court is of the considered view that is no illegality in the impugned order dated 06.08.2022 passed by the learned Judicial Magistrate-1st Class, Godda in connection with Complaint Case No.379 of 2020 warranting interference of this Court in exercise of its power under Section 482 of the Code of Criminal Procedure, 1973. 8. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 07th of April, 2026 AFR/ Animesh Uploaded on- 13/04/2026