RANU GHOSH Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-9-82
HIGH COURT OF JHARKHAND
Decided on September 22,2015

Ranu Ghosh Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Harish Chandra Mishra, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the private opposite parties. The complainant petitioner is aggrieved by the order dated 18.8.2006 passed by Sri D. Kumar, learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No. 612 of 2006, wherein, the Court below has not found any prima facie offence under Ss. 447, 354, 500, 506/34 of the Indian Penal Code against the accused persons. The petitioner has also challenged the order dated 24.5.2008 passed by the learned Sessions Judge, Jamshedpur, whereby, the revision filed by the petitioner against the aforesaid order has been dismissed by the Revisional Court below.
(2.) The petitioner being the complainant in C/1 Case No. 612 of 2006, filed the complaint case in the Court of the Chief Judicial Magistrate, Jamshedpur, from which it appears that both the parties are neighbours and primarily, the occurrence is alleged to have taken place due to the land dispute between the parties, alleging that the accused persons had encroached upon the land of the complainant. It is also alleged that the accused persons had criminally trespassed over the land of the complainant and abused the complainant in filthy languages and the accused Dilip Kumar Biswas also tried to outrage the modesty of the complainant by catching her hand and Sari, but anyhow, she was saved by her husband. The complaint petition was filed for the alleged offence under Ss. 447, 427, 354, 500, 506/34 of the Indian Penal Code.
(3.) The statement of the complainant was recorded on solemn affirmation and three witnesses, including the husband of the complainant, were examined in the enquiry stage, on the basis of which, the prima facie offence under Ss. 323, 427, 504/34 of the Indian Penal Code was found against the accused persons and summons were ordered to be issued. The complainant, aggrieved by the fact that no prima facie offence under Ss. 447, 354, 500, 506/34 of the Indian Penal Code was found, filed the revision before the learned Sessions Judge, Jamshedpur, which has been dismissed by a detailed order dated 24.5.2008 passed in Criminal Revision No. 60 of 2007, which has also been challenged in the present application.;


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