Jharkhand High Court

Nusrat Sultana v. State of Jharkhand

2026:JHHC:20959 · Cr.M.P./1547/2026

Decision date
2026-07-15
Text availability
Full text
Judges
Anil Kumar Choudhary

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Judgment text

( 2026:JHHC:20959 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1547 of 2026 ------ Nusrat Sultana, aged about 44 years, w/o Yogendra Kumar, r/o Village-House No. 506, Mohalla Chhajipura, B/H P.O. & P.S.-Hapur, Dist.-Ghaziabad (Uttar Pradesh) .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Shiv Kumar Lal, s/o late Kishore Mohan Lal, r/o Village-Armai, P.O. & P.S.-Gumla, Dist.-Gumla (Jharkhand) at present r/o Palkot Road Gumla, P.O. & P.S.-Gumla, Dist.-Gumla (Jharkhand) .... .... .... Opp. Parties ------ CORAM:HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Kripa S. Nanda, Advocate For the State : Mr. Rajesh Kumar, Addl. P.P. For O.P. No.2 : Mr. Ayub Ansari, Advocate ------ Order No.03 Dated- 15.07.2026 Heard the parties. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding as also the FIR being Gumla P.S. Case No. 162 of 2010, corresponding to Spt. G.R. No. 478 of 2010 registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120B of the Indian Penal Code, currently pending in the court of learned Chief Judicial Magistrate, Gumla.

It is submitted by the learned counsel for the petitioner that though charge sheet has been submitted against the petitioner but the petitioner has not been sent up for trial and the learned Chief Judicial Magistrate, Gumla has also not taken cognizance of the offence punishable under Sections 406, 420, 467, 468, 471, 120B of the Indian Penal Code in respect of the petitioner. Since, it is the admitted case of the petitioner that the petitioner has not been sent up for trial nor any cognizance has been taken in respect of the petitioner, this Court is of the considered view that the petitioner has no locus standi to challenge the FIR when investigation of the case is already complete and the petitioner has not been sent up for trial. Hence, this criminal miscellaneous petition filed by the petitioner is dismissed being not maintainable. (Anil Kumar Choudhary, J.) 15.07.2026 Gunjan-