The Jharkhand High Court has quashed the criminal proceedings initiated against former Chief Minister Hemant Soren over a speech delivered during the 2014 Assembly election campaign, holding that the allegations, even if accepted as true, did not disclose the offences for which he had been prosecuted.
Justice Anil Kumar Choudhary ruled that the prosecution failed to satisfy the essential legal requirements under the relevant provisions of the Indian Penal Code and the Representation of the People Act, 1951.
Background of the Case
The case arose from a public meeting held at Adityapur on November 24, 2014, during the Assembly election campaign. According to the prosecution, the petitioner criticised the proposed amendments to the Chotanagpur Tenancy (CNT) Act, the Santhal Parganas Tenancy (SPT) Act, the Land Acquisition Act and labour laws. It was alleged that he remarked that if such amendments were carried out, "no one could stop a river of blood from flowing in the State."
A First Information Report was registered alleging violation of the Model Code of Conduct, following which cognizance was taken for offences under Sections 188 and 506 of the Indian Penal Code and Section 125 of the Representation of the People Act. Charges were later framed by the trial court.
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Court's Observations
While examining the charge under Section 188 IPC, the High Court found that the record did not identify any specific lawful order allegedly violated by the petitioner. The Court further noted that prosecution under Section 188 requires a written complaint from the concerned public servant under Section 195 of the Code of Criminal Procedure, a mandatory requirement that had not been fulfilled.
"The provisions under Section 195 of the Code of Criminal Procedure is mandatory and the non-compliance of which will vitiate the prosecution," the bench observed while relying on Supreme Court precedent.
On the allegation of criminal intimidation under Section 506 IPC, the Court held that there was no accusation that the petitioner had threatened any particular individual with injury to person, reputation or property. It observed that the essential ingredients of criminal intimidation were therefore absent.
The Court also rejected the charge under Section 125 of the Representation of the People Act. It noted that the speech did not contain any allegation of promoting hatred or enmity between different classes of citizens on the grounds of religion, race, caste, community or language.
"The only allegation against the petitioner is that the petitioner expressed his anguish regarding a conspiracy contemplated to amend the S.P.T. and C.N.T. Act and the Labour Laws," the Court said, adding that such statements could not amount to promoting hatred under the election law.
Decision
Concluding that none of the alleged offences were made out, the High Court held that allowing the prosecution to continue would amount to an abuse of the legal process.
Accordingly, the Court quashed the 2017 order taking cognizance, the 2019 order framing charges, and the entire criminal proceedings against the petitioner.
The criminal miscellaneous petition was allowed, and the interim protection granted earlier stood vacated following disposal of the case.
Case Details
Case Title: Hemant Soren v. State of Jharkhand
Case Number: Cr.M.P. No. 678 of 2026
Judge: Justice Anil Kumar Choudhary
Decision Date: June 25, 2026
