1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with a prayer to quash and set aside the FIR of Simdega P.S. Case No.38 of 2023 corresponding to G.R. No.426 of 2023 registered for the offences punishable under Sections 148, 149, 448, 323, 379, 354B, 504, 509 & 34 of the Indian Penal Code against the petitioner.

3. The allegation against the petitioner is that the petitioner being the member of an unlawful assembly being variously armed trespassed to the house of the informant, outraged her modesty by tearing her nighty, criminally intimidated her, caused hurt to the informant and the members of the family of the informant, committed theft of Rs.9,300/- and the gold chain of the informant worn by her.

4. On the basis of the written report submitted by the informant, police registered Simdega P.S. Case No.38 of 2023 and took up investigation of the case.

5. Learned counsel for the petitioner submits that though charge sheet has been submitted against the petitioner and cognizance of the offences has been taken against him and also charge has been framed against the petitioner but the petitioner has neither challenged the order by which cognizance of the offences has been taken nor the order by which charge has been framed against him. It is lastly submitted that the prayer as prayed for by the petitioner, in this Cr.M.P.

6. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that since admittedly cognizance of the offence has been taken and charge has been framed against the petitioner and there is no prayer to quash the same hence the sole prayer to quash the First Information Report is not sustainable in law. It is then submitted that as all the offences in respect of which the first information report has been registered, cognizance of the offences has been taken and charge has been framed are in fact being made out, hence this criminal miscellaneous petition being without any merit be dismissed.

7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that though it is the admitted case of the petitioner that cognizance of the offence has been taken and charge has been framed against the petitioner but for reasons best known to the petitioner, the petitioner has not made any prayer to quash the same nor the petitioner filed the copy of the charge sheet in this criminal miscellaneous petition, basing upon which cognizance has been taken, without any plausible reason. As already discussed above in the foregoing paragraphs of this judgement, there is direct and specific allegation against the petitioner of committing the offences and if the contents of the FIR are considered to be true in their entirety, then the offences punishable under Section 354/354B, 148, 379, 448, 323 are made out. Therefore, this Court is not inclined to accede to the prayer made by the petitioner in this Cr.M.P. in exercise of the power under Section 528 of the BNSS, 2023.

8. Accordingly, this Cr.M.P., being without any merit, is dismissed.