RANCHI, India, Nov. 22 -- Jharkhand High Court issued the following order on Oct. 22:

1. 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 with the prayer to quash the entire criminal proceedings and the First Information Report in connection with Lower Bazar P.S. Case No.224 of 2021 corresponding to G.R. Case No.614 of 2025 wherein the learned Judicial Magistrate-1st Class- XXVIII, Ranchi vide order dated 21.02.2025 has taken cognizance of the offences punishable under Sections 323, 504, 506 of the Indian Penal Code and passed summoning order against the petitioners.

3. The brief fact of the case is that police after investigation of Lower Bazar P.S. Case No.224 of 2021, submitted charge sheet inter alia against the petitioners for committing the said offences and on the basis of the same vide impugned order dated 21.02.2025, the learned Judicial Magistrate-1st Class- XXVIII, Ranchi has taken cognizance of the offences and passed summoning order against the petitioners.

4. Learned counsel for the petitioners submits that the petitioner No.2 has received summons from the court of Judicial Magistrate, Ranchi and the next date is fixed to 10.11.2025 for appearance of the petitioners. It is next submitted that the allegations against the petitioners are false. This is a counter-case of Lower Bazar P.S. Case No.222 of 2021. It is then submitted that the allegations against the petitioners are malicious in nature and this is a malicious prosecution against the petitioners. It is also submitted that the charge sheet was submitted only in the year 2025 though the case was registered in the year 2021.

5. Learned counsel for the petitioners relies upon the judgment of the Hon'ble Supreme Court of India in the case of Vakil Prasad Singh Vs. State of Bihar reported in (2009) 3 SCC 355 and submits that the right to speedy trial in all criminal prosecutions is an inalienable right under Article 21 of the Constitution. 6. Relying upon the judgment of the Hon'ble Supreme Court of India in the case of State of Haryana & Others Vs. Bhajan Lal & Others reported in 1992 Supp (1) SCC 335, learned counsel for the petitioners submits that in para-102(7) of which, it has been held that the power under Section 482 of the Code of Criminal Procedure which corresponds to under Section 528 of the B.N.S.S., 2023 can be exercised where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. In this respect learned counsel for the petitioners further relies upon the judgment of the Hon'ble Supreme Court of India in the case of Mahindra & Mahindra Financial Services Limited & Another vs. Rajiv Dubey reported in (2009) 1 SCC 706. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WosZ%2BW3kTcdn%2FtvTFHbLEOKbzqpifAcWuUqjPBAsrz9R&caseno=Cr.M.P./2480/2019&cCode=1&cino=JHHC010250512019&state_code=7&appFlag=)

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