Jharkhand High Court Weekly Round-Up: September 18 - September 24, 2023

Abhishek Kumar Paul vs. The State of Jharkhand and Another 2023 Livelaw (Jha) 43

RM vs. The State of Jharkhand 2023 LiveLaw (Jha) 44

Pooja Giri vs. The State of Jharkhand and Others LiveLaw (Jha) 45

Software Freedom Law Center, India vs The State of Jharkhand 2023 LiveLaw (Jha) 46

Adhunik Power and Natural Resources Limited and Other vs The State of Jharkhand and Another 2023 LiveLaw (Jha) 47

Nayan Prakash Singh @ Narayan Prakash Singh and Others vs. The State of Jharkhand and Another 2023 LiveLaw (Jha) 48

Judgements/Orders This Week

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR

Case Title: Abhishek Kumar Paul vs. The State of Jharkhand and Another

LL Citation: 2023 Livelaw (Jha) 43

The Jharkhand High Court has dismissed a rape case filed by a woman who was a married adult, noting that she was fully aware of the potential consequences of engaging in a physical relationship with another person.

The court ruled that the accused could not be deemed to have obtained her consent under false pretense, thus quashing the charges based on an alleged promise of marriage. Justice Subhash Chand observed, “...the victim was major since the very time when she came in contact with the accused and while during the love affairs of the victim with the accused Abhishek Kumar Pal at college time, the victim was major, while the accused was minor at that time being 2 years younger to the victim.”

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law

Case Title: RM vs. The State of Jharkhand

LL Citation: 2023 LiveLaw (Jha) 44

The Jharkhand High Court has granted relief to a man accused of raping his widowed sister-in-law under pretext of false to marry her, asserting that prosecutrix was a married woman of legal age, was well aware of the consequences of her relationship with her brother-in-law.

Justice Subhash Chand observed that the evidence presented did not establish the victim's consent was obtained through fraud. “Admittedly, the victim was major and a married lady, she was very much aware in regard to sexual relations being established with her brother-in-law. The consent cannot be said to be obtained under misconception in view of Section 90 of the Indian Penal Code reason being that she had been continuously in establishing sexual relation with the petitioner for six years. Being a major and married lady, she was very much aware the consequences to establish sexual relation without getting married. From the allegations made in the FIR on their face do not indicate that the consent was obtained by playing fraud upon the victim.”

Jharkhand High Court has directed the state police to file a First Information Report (FIR) against its personnel accused of assaulting the relatives of Kamaldev Giri, a prominent Bajrang Dal leader who was tragically murdered in Chakradharpur last year.

Justice Sanjay Kumar Dwivedi held that, “This is not a single case. There are many cases of such nature, which have been examined by this Court in several writ petitions and appropriate directions have also been issued. This is unfortunate that a citizen has been compelled to move before this Court under Article 226 of the Constitution of India for registration of the FIR and such a direction is already there in view of the judgment passed in Lalita Kumari (supra).”

Jharkhand High Court Orders FIR Against Police Personnel For Assault On Protesting Relatives Of Murdered Bajrang Dal Leader

Case Title: Pooja Giri vs. The State of Jharkhand and Others

LL Citation: 2023 LiveLaw (Jha) 45

Jharkhand High Court has directed the state police to file a First Information Report (FIR) against its personnel accused of assaulting the relatives of Kamaldev Giri, a prominent Bajrang Dal leader who was tragically murdered in Chakradharpur last year.

Justice Sanjay Kumar Dwivedi held that, “This is not a single case. There are many cases of such nature, which have been examined by this Court in several writ petitions and appropriate directions have also been issued. This is unfortunate that a citizen has been compelled to move before this Court under Article 226 of the Constitution of India for registration of the FIR and such a direction is already there in view of the judgment passed in Lalita Kumari (supra).”

Publish All Internet Suspension Orders Within 48 Hours : Jharkhand High Court Directs State Govt

Case Title: Software Freedom Law Center, India vs The State of Jharkhand

LL Citation: 2023 LiveLaw (Jha) 46

The Jharkhand High Court while issuing a verdict in response to a Public Interest Litigation (PIL) by the Software Freedom Law Center, India, has directed the State Government to upload all previous orders pertaining to the suspension of internet services within 48 hours on the official website of the State Government.

Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen held, “In that view of the matter, we are of the opinion that the suspension of internet services for the said periods by the State Government cannot be found fault with, however, the respondents should have notified the orders suspending the internet services in their web site at appropriate time as per the directions given by the Hon’ble Supreme Court in the case of Anuradha Bhasin versus Union of India reported in (2020) 3 SCC 637.”

Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court

Case Title: Adhunik Power and Natural Resources Limited and Other vs The State of Jharkhand and Another

LL Citation: 2023 LiveLaw (Jha) 47

While observing that not every dispute should culminate in criminal charges, especially when the underlying issue is fundamentally civil in nature, such as a breach of contract, the Jharkhand High Court quashed criminal proceedings against a petitioner in a case that involved allegations under Sections 406, 420, 379, and 120B of the Indian Penal Code (IPC).

Justice Sanjay Kumar Dwivedi observed, “On the intervention of this Court, the appointment has been again offered to the complainant by the company, as has been discussed hereinabove, which suggests that opposite party no.2 is unnecessarily dragging this matter and if any case is made out against the petitioners i.e. civil in nature. Mere breach of contract and in every cases, criminality cannot be fastened upon the accused persons.”

SC/ST Act Designed To Safeguard Marginalized Communities, Not Score-Settling Persecution: Jharkhand High Court

Case Title: Nayan Prakash Singh @ Narayan Prakash Singh and Others vs. The State of Jharkhand and Another

LL Citation: 2023 LiveLaw (Jha) 48

The Jharkhand High Court has underscored the essence and purpose of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), emphasizing its role in safeguarding the interests of marginalized sections of society and warning against its misuse as a tool for settling personal scores.

Justice Gautam Kumar Choudhary, presiding over the case, pointed out a contradiction in the statements made by the complainant and his wife regarding the alleged use of derogatory terms against the complainant. While the complainant claimed that the accused used the term 'Adivasi,' another witness stated that the term used was 'Harijan.' The Court stressed that the SC/ST Act is designed to protect marginalized sections of society and should not be misused for settling personal disputes.

Ensure 18-Month Data Storage For CCTV Cameras In Police Stations: Jharkhand High Court Directs State

The Jharkhand High Court has issued a directive to the State government and the Director General of Police (DGP) to ensure that CCTV cameras installed in police stations retain data for a minimum of 18 months.

Justice Sanjay Kumar Dwivedi directed, “the State of Jharkhand and the Director General of Police, Jharkhand are directed to ensure that CCTV cameras are installed in each and every police station. It shall be also ensured that no part of a Police Station is left uncovered and it must be installed at all entry and exit points, main gate of the police station, all lock-ups; all corridors; lobby / the reception area, all verandas / outhouses, Inspector's room, Sub- Inspector's room, areas outside the lock-up room; station hall, in front of the police station compound, outside (not inside) washrooms/toilets, Duty Officer’s room, back part of the police station etc. and this shall be complied within three months from the date of receipt / production of a copy of this order. The State of Jharkhand and the Director General of Police, Jharkhand shall ensure that equipment installed must be able to the store data for 18 months.”

Other Developments

Jharkhand State Legal Services Authority Organizes State Level Colloquium On "Protecting Child Rights: Legal Perspective & Training"

The Jharkhand State Legal Services Authority, in collaboration with the Department of Women, Child Development and Social Security, Government of Jharkhand, Kailash Satyarthi Children’s Foundation, and Bachpan Bachao Andolan, organized a grand State-level Colloquium on "Protecting Child Rights: Legal Perspective and Training" on 17.09.2023. The event took place at the Dr. A.P.J. Abdul Kalam Auditorium at Judicial Academy Jharkhand.

The distinguished gathering was graced by several eminent personalities, with Justice Sanjay Kishan Kaul, Judge of the Supreme Court of India and Executive Chairman of NALSA, serving as the Chief Guest.

Sitting Judge Of Jharkhand High Court Justice Kailash Prasad Deo Passes Away

The Jharkhand High Court, along with its offices and subordinate courts throughout the state, will remain closed on September 22nd, 2023, to pay homage and mark respect for the departed soul of Late Justice Kailash Prasad Deo, a distinguished Judge of the Jharkhand High Court.

Late Justice Kailash Prasad Deo passed away peacefully at 5:20 am this morning at the Medical Hospital in Ranchi after a prolonged illness. The news of his demise has left the legal fraternity and the entire state in mourning.