RANCHI, India, Sept. 18 -- Jharkhand High Court issued the following order on aUG. 19:
1. The petitioner in this writ petition has prayed for issuance of an appropriate writ(s)/order(s)/direction(s) quashing/setting aside the entire criminal proceeding in connection with Bariatu P.S. Case No. 189 of 2022 registered for offences punishable under sections 341, 323, 325, 307, 379 and 34 of the Indian Penal Code, pending in the Court of Judicial Magistrate, Ranchi.
2. The prosecution case as per the First Information Report is that on 13.07.2022 at about 11.15 a.m. the informant Ravi Shankar Prasad was assaulted near Joda Talab Bariatu, Ranchi, while he had stopped his bike to attend nature's call. Suddenly, a Bolero, a white car, and a bike arrived. The accused Nitesh Soni, Jitesh Soni, Ajay Verma and Rakesh [all relatives of his wife Nidhi Kumari Soni (petitioner)] forcibly abducted him, assaulted him with kicks, fists, and iron rods, and looted his gold chain and rings. He sustained serious injuries on both his ears, head, right cheek and shoulder. He was then taken to the flat of Renu Kashyap at Sant Tulsi Apartment, Bariatu. The petitioner had also filed a case under Section 498A of the Indian Penal Code against the informant. At the apartment the assault continued in the presence of Renu Kashyap and her son, who were also beaten. The accused persons also recorded the incident on video. When the police arrived, the accused fled, vandalized Renu Kashyap's house, and took away valuable belongings. It is alleged that the assault was a conspiracy by the petitioner, her mother Sunita Soni, brother Nitesh Soni, Jitesh Soni, Ajay Verma and 8-10 other persons to get informant's bail rejected. The informant was admitted to RIMS, Ranchi, on the same day for medical treatment. It is alleged that earlier also these people had tried to kill or kidnap the informant and on his application a case under Section 107 was registered in Bariatu Police Station and on giving an application to the Chief Minister, Director General of Police, Jharkhand, when Bariatu Police Station investigated, his statement was found to be true. The petitioner had already filed a case against the informant under Section 498A of the Indian Penal Code and under the Scheduled Tribe and Scheduled Caste Act to usurp his property. A settlement was made after eight years by taking a lot of money. Thereafter for one year, a case under Section 498A of the Indian Penal Code has been filed by the petitioner with the intention of putting the informant, his sister and brother-in-law in jail by using Renu Kashyap as pawn.
3. Learned counsel representing the petitioner submitted that the petitioner is innocent and is the wife of the informant. She was subjected to cruelty for demand of dowry. Counsel submits that the informant had intimate relation with Renu Kashyap which the petitioner objected to but the informant did not listen. The petitioner had lodged Kotwali P.S. Case No. 172 of 2021 in this regard. Learned counsel contends that the Investigation officer and respondents Nos. 5 and 6 have not properly investigated the case and are supporting the informant.
4. Learned counsel representing the respondents submitted that the instant writ petition filed by the petitioner is misconceived and devoid of any merit. Learned counsel argues that the case of the informant has been found to be true during the course of investigation and supervision of this case, on the basis of statements of the informant and the witnesses, injury report and evidence collected. The informant sustained grievous injuries on chest and shoulder. Further, the petitioner has been found to be absconding and evading her arrest.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpManKOZ04QJS37%2Bccw9Y1ySHvnwNmLBnvXJlEUZwA2hv&caseno=W.P.(Cr.)/353/2023&cCode=1&cino=JHHC010205632023&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
