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

Nominal Index [Citations: 2023 LiveLaw (Pat) 43-48]Abhishek Kumar Paul vs. The State of Jharkhand and Another 2023 Livelaw (Jha) 43RM vs. The State of Jharkhand 2023 LiveLaw (Jha) 44Pooja 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) 48Judgements/Orders This WeekMarried Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIRCase Title: Abhishek Kumar Paul vs. The State of Jharkhand and AnotherLL 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-LawCase Title: RM vs. The State of JharkhandLL Citation: 2023 LiveLaw (Jha) 44The 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 LeaderCase Title: Pooja Giri vs. The State of Jharkhand and OthersLL 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 GovtCase Title: Software Freedom Law Center, India vs The State of JharkhandLL 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...

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

Bhavya Singh

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