Babulal Marandi vs The State Of Jharkhand on 18 March, 2026

    0
    35
    ADVERTISEMENT

    Jharkhand High Court

    Babulal Marandi vs The State Of Jharkhand on 18 March, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                           ( 2026:JHHC:7755 )
    
    
    
    
          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr.M.P. No.988 of 2024
                                            ------
    

    Babulal Marandi, aged about 62 years, Son of Late Chhotu Marandi,
    at Present MLA of Raj Dhanwar (Giridih) and Leader of Bhartiya
    Janta Party in Jharkhand Vidhan Sabha, Resident of Morabadi, P.O.-
    Morabadi & P.S.-Barityatu & District-Ranchi.

                                                           ...           Petitioner
                                                Versus
    
                1. The State of Jharkhand
    

    2. Sonu Tirki, age not known, Son of Vishnu Tirki, Resident of
    Village-Patratoli, P.O. & P.S.-Kanke & District-Ranchi.

    SPONSORED
                                                           ...         Opposite Parties
    
    
                                                ------
    
                 For the Petitioner        : Mr. Ajit Kumar, Sr. Advocate
                                           : Ms. Akriti Shree, Advocate
                                           : Mr. Parth Jalan, Advocate
                 For the State             : Mr. Manoj Kumar, GA-III
                                           : Mr. Deepankar, AC to GA-III
                                           : Mr. V.K. Vashistha, Spl.P.P.
                 For the OP 2              : Mr. Gaurav Abhishekh, Advocate
    
                                                 ------
    
                                            PRESENT
                     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
    
    
    
    By the Court:-    Heard the parties.
    
    

    2. This Criminal Miscellaneous Petition has been filed invoking the

    jurisdiction of this Court under Section 482 of the Code of Criminal

    Procedure with the prayer to quash and set aside the entire criminal

    1 Cr. M.P. No.988 of 2024
    ( 2026:JHHC:7755 )

    proceeding in connection with Kanke P.S. Case No.210 of 2023 registered

    for the offences punishable under Sections 500, 504 & 505(2) of the Indian

    Penal Code against the petitioner.

    3. The brief fact of the case is that the informant has submitted a

    written report to the Officer-in-charge of Kanke Police Station alleging

    therein that the petitioner being the leader of the BJP and the State

    President of BJP has made a statement that “The entire Family of my Leader

    are looters”. It is alleged that the said statement was made against the

    leaders of the informant namely Sibu Soren and Hemant Soren.

    4. On the basis of the written report submitted by the informant police

    registered Kanke P.S. Case No.210 of 2023 and took up investigation of

    the case.

    5. Learned senior counsel for the petitioner submits that the

    investigation of the case is still going on and charge sheet has not yet been

    submitted.

    6. Learned Senior counsel for the petitioner next relies upon the

    judgment of the Hon’ble Supreme Court of India in the case of S.

    Khushboo vs. Kanniammal & Another reported in (2010) 5 SCC 600 and

    submits that in para-37 of that case, the Hon’ble Supreme Court of India

    has reiterated that in respect of the offence of defamation, Section 199

    CrPC mandates that the Magistrate can take cognizance of the offence

    only upon receiving a complaint by a person who is aggrieved and this

    limitation on the power to take cognizance of defamation serves the

    2 Cr. M.P. No.988 of 2024
    ( 2026:JHHC:7755 )

    rational purpose of discouraging the filing of frivolous complaints which

    would otherwise clog the Magistrate’s Court.

    7. Learned senior counsel for the petitioner next submits that an FIR

    that too by a person other than the person aggrieved is not maintainable

    in respect of the offence punishable under Section 500 of the Indian Penal

    Code. In this respect, the learned senior counsel for the petitioner also

    relies upon the judgment of the Hon’ble Supreme Court of India in the

    case of Subramanian Swamy vs. Union of India, Ministry of Law &

    Others reported in (2016) 7 SCC 221 and submits that in para-207 of

    which the Hon’ble Supreme Court of India has in no uncertain manner

    held that Section 199 of CrPC envisages filing of a complaint in court. In

    case of criminal defamation neither can any FIR be filed nor can any

    direction be issued under Section 156(3) of CrPC, hence, it is submitted

    that FIR in respect of offence punishable under Section 500 of the Indian

    Penal Code is not maintainable.

    8. Learned senior counsel for the petitioner further relies upon the

    judgment of the Hon’ble Supreme Court of India in the case of Arnab

    Ranjan Goswami vs. Union of India & Others reported in (2020) 14 SCC

    12 and submits that in para-31 of the said judgement, the Hon’ble

    Supreme Court of India has reiterated that “there can be no second FIR”

    where the information concerns the same cognizable offence alleged in

    the first FIR for the same occurrence or incident which gives rise to one or

    more cognizable offences.

    3 Cr. M.P. No.988 of 2024

    ( 2026:JHHC:7755 )

    9. It is next submitted that in para-33 of that judgment, the Hon’ble

    Supreme Court of India has held that barring situations in which a

    counter-case is filed, a fresh investigation or a second FIR on the basis of

    the same or connected cognizable offence would constitute an “abuse of

    the statutory power of investigation” and in para-36 of that judgment, the

    Hon’ble Supreme Court of India has relied upon its own judgment in the

    case of Babubhai vs. State of Gujarat reported in (2010) 12 SCC 254 in

    para-21 of which it was held that if there are two FIRs, the Court has to

    examine the facts and circumstances giving rise to both the FIRs and the

    test of sameness is to be applied to find out whether both the FIRs relate

    to the same incident, in respect of the same occurrence or are in regard to

    the incidents which are two or more parts of the same transaction, if the

    answer is in the affirmative, the second FIR is liable to be quashed.

    10. Learned senior counsel for the petitioner next relies upon the

    judgment of the Hon’ble Supreme Court of India in the case of Patricia

    Mukhim vs. State of Meghalaya & Others reported in (2021) 15 SCC 35

    and submits that in that case in para-12, the Hon’ble Supreme Court of

    India relied upon its own judgement in the case of Pravasi Bhalai

    Sangathan vs. Union of India reported in (2014) 11 SCC 477, wherein the

    Hon’ble Supreme Court of India referred to a judgement of the Canadian

    Supreme Court in the case of Saskatchewan (Human Rights

    Commission) vs. William Whatcott reported in 2013 1 SCR 467, wherein

    in order to find out whether there is any hate speech, three main

    prescriptions have been laid down; firstly, the courts must apply the hate

    4 Cr. M.P. No.988 of 2024
    ( 2026:JHHC:7755 )

    speech prohibition objectively and in so doing, ask whether a reasonable

    person, aware of the context and circumstances, would view the

    expression as exposing the protected group to hatred and the second test

    was to restrict interpretation of the legislative term “hatred” to those

    extreme manifestations of the emotion described by the words

    “detestation” and “vilification”. This would filter out and protect speech

    which might be repugnant and offensive, but does not incite the level of

    abhorrence, delegitimization and rejection that risks causing

    discrimination or injury.

    11. Learned senior counsel for the petitioner further submits that

    altogether six FIRs have been registered against the petitioner, the details

    of which has been mentioned in para-5 of this Cr.M.P. It is then submitted

    that even if the entire allegations made against the petitioner are

    considered to be true in their entirety, still the offence punishable under

    Section 504 of the Indian Penal Code is not made out.

    12. Learned senior counsel for the petitioner next submits that the

    petitioner’s statement has been blown out of proportion by the informant

    for political motives. It is next submitted that the petitioner has never

    used the word “family” (Parivaar) in his entire speech. It is next

    submitted that the present criminal proceeding has been instituted for the

    purpose of wreaking vengeance. It is lastly submitted that the prayer as

    prayed for in this Cr.M.P., be allowed.

    13. Learned Spl.P.P. appearing for the State and the learned counsel for

    the opposite party no.2 on the other hand vehemently opposes the prayer

    5 Cr. M.P. No.988 of 2024
    ( 2026:JHHC:7755 )

    of the petitioner made in the instant Cr.M.P and submits that if the

    allegations made in the FIR are considered to be true in their entirety, then

    each of the offences in respect of which the FIR has been registered is

    made out and since the investigation of the case is going on, at this

    nascent stage, the entire criminal proceeding ought not to be nipped in the

    bud. Therefore, it is submitted that this Cr.M.P., being without any merit,

    be dismissed.

    14. Having heard the rival submissions made at the Bar and after

    carefully going through the materials available in the record, so far as the

    offences punishable under Sections 500 of the Indian Penal Code is

    concerned, it is pertinent to mention here that Section 199 of the Code of

    Criminal Procedure bars any court from taking cognizance of the offences

    punishable under Chapter-XXI of the Indian Penal Code; except upon a

    complaint made by some person aggrieved by the offence except for the

    persons aggrieved, some other can also file, but the fact remains that the

    complaint is to be filed.

    15. Now it is needless to mention that Section 500 of the IPC falls under

    Chapter-XXI of the IPC, therefore, registration of the FIR in respect of the

    offence punishable under Section 500 of the Indian Penal Code is not

    permissible in law as has been categorically held by the Hon’ble Supreme

    Court of India in para-207 of the Subramanian Swamy vs. Union of

    India, Ministry of Law & Others (supra).

    16. So far as the offence punishable under Section 504 of the Indian

    Penal Code is concerned, it is pertinent to mention here that as has been

    6 Cr. M.P. No.988 of 2024
    ( 2026:JHHC:7755 )

    held by the Hon’ble Supreme Court of India in the case of Vikram Johar

    vs. State of Uttar Pradesh & Anr. reported in (2019) 14 SCC 207,

    paragraph no.24 of which reads as under :-

    “24. Now, we revert back to the allegations in the
    complaint against the appellant. The allegation is that the
    appellant with two or three other unknown persons, one of
    whom was holding a revolver, came to the complainant’s
    house and abused him in filthy language and attempted to
    assault him and when some neighbours arrived there the
    appellant and the other persons accompanying him fled the
    spot. The above allegation taking on its face value does not
    satisfy the ingredients of Sections 504 and 506 as has been
    enumerated by this Court in the above two judgments. The
    intentional insult must be of such a degree that should
    provoke a person to break the public peace or to commit any
    other offence. The mere allegation that the appellant came and
    abused the complainant does not satisfy the ingredients as laid
    down in
    para 13 of the judgment of this Court in Fiona
    Shrikhande [Fiona Shrikhande v. State of Maharashtra
    ,
    (2013) 14 SCC 44 : (2014) 1 SCC (Cri) 715] .

    that the intentional insult must be of such a degree that should

    provoke a person to break the public peace or to commit any other

    offence.

    17. Now coming to the facts of the case, there is absolutely no

    allegation against the petitioner of perpetrating any intentional insult to

    any person of such a degree that should provoke that person to break

    public peace or commit any other offence and in the absence of this

    essential ingredient, this Court is of the considered view that even if the

    entire allegations made against the petitioner are considered to be true in

    their entirety, still the offence punishable under Section 504 of the Indian

    Penal Code is not made out.

    7 Cr. M.P. No.988 of 2024

    ( 2026:JHHC:7755 )

    18. So far as the offence punishable under Section 505(2) of the Indian

    Penal Code is concerned, the essential ingredients to constitute the said

    offence are as under:-

    (1) The accused made, published or circulated any statement, rumour
    or report;

    (2) He did so-

    i. With intent to cause or which he knew to be likely to cause
    any officer, soldier, sailor or airman to mutiny or otherwise
    disregard or fail in his duty;

    ii. With intent to cause or which he knew to be likely to cause
    fear or alarm to the public thereby inducing any person to
    commit an offence against the State or public tranquillity;
    iii. With intent to incite or which he knew to be likely to incite
    any class or community to commit any offence against any
    other class or community.

    19. Now coming to the facts of the case, in the considered opinion of

    this Court, the allegation is that “The entire Family of my Leader are looters”

    is insufficient to fulfil the essential ingredients to constitute the offence

    punishable under Section 505(2) of the Indian Penal Code.

    20. Besides the fact that for the self-same occurrence, this is the

    subsequent FIR in respect of the self-same occurrence, more so, because

    this is the subsequent FIR in respect of the offence for which the FIR of

    Ramgarh P.S. Case No.196 of 2023 has been registered.

    21. In view of the discussions made above, since none of the offences in

    respect of which the FIR has been registered, is made out against the

    petitioner even if the entire allegations made against the petitioner are

    considered to be true in their entirety, so this Court is of the considered

    view that the continuation of this criminal proceeding against the

    8 Cr. M.P. No.988 of 2024
    ( 2026:JHHC:7755 )

    petitioner will amount to abuse of process of law and this is a fit case

    where the entire criminal proceeding in connection with Kanke P.S. Case

    No.210 of 2023 registered for the offences punishable under Sections 500,

    504 & 505(2) of the Indian Penal Code against the petitioner, be quashed

    and set aside.

    22. Accordingly, the entire criminal proceeding in connection with

    Kanke P.S. Case No.210 of 2023 registered for the offences punishable

    under Sections 500, 504 & 505(2) of the Indian Penal Code against the

    petitioner, is quashed and set aside qua the petitioner.

    23. In the result, this Cr.M.P., stands allowed.

    (Anil Kumar Choudhary, J.)
    High Court of Jharkhand, Ranchi
    Dated the 18th of March, 2026
    AFR/ Abhiraj

    Uploaded on 28/03/2026

    9 Cr. M.P. No.988 of 2024



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here