Iyamin @ Iyamin Ansari vs The State Of Jharkhand & Anr.

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

Heard the parties.

Learned counsel for the petitioner submits that this interlocutory application has been filed for early hearing of this Cr.M.P.

Since, the hearing of this Cr.M.P. is taken up today, hence, this interlocutory application stands disposed of being infructuous.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the order dated 13.12.2022 passed by the learned Sub Divisional Judicial Magistrate, Chandil whereby and where under the learned Sub Divisional Judicial Magistrate, Chandil has found prima facie case for the offences punishable under Sections 323, 498A of the Indian Penal Code as well as Section 4 of the Dowry Prohibition Act against the petitioner and also to quash the order dated 04.12.2023 passed in Criminal Revision No.36 of 2022 by the learned Additional Sessions Judge-III, Seraikella-Kharsawan whereby and where under the learned Additional Sessions Judge-III, Seraikella-Kharsawan has dismissed the said Criminal Revision.

The brief fact of the case is that the petitioner being the husband of the complainant, treated her with cruelty in connection of demand of dowry and caused hurt to her and further made demand of dowry.

Basing upon the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses, the learned Sub Divisional Judicial Magistrate, Chandil passed the summoning order. The same was challenged by the petitioner by filing criminal revision in the court of the learned Sessions Judge, Seraikella-Kharsawan; which was ultimately heard and disposed of by the learned Additional Sessions Judge-III, Seraikella-Kharsawan vide order dated 04.12.2023 passed in the said Criminal Revision No.36 of 2022.

Learned counsel for the petitioner submits that the petitioner has been convicted in Complaint Case No.19 of 2022.

In view of the fact that the petitioner, after trial, has been convicted in the said Complaint Case No.19 of 2022, this Court is of the considered view that there is no scope for quashing and setting aside the entire criminal proceeding as the petitioner has already been convicted after trial of the case; in exercise of the power of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the remedy for the petitioner is to file an appeal before the appropriate court.

Accordingly, this Cr.M.P., which has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is dismissed being not maintainable, after conviction of the petitioner in the concerned case.