Jitendra Prasad @ Jitendra Sahu vs The State Of Jharkhand
2021 Latest Caselaw 580 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr.M.P. No. 2583 of 2018
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1. Jitendra Prasad @ Jitendra Sahu

2. Ramvilash Sahu

3. Triveni Sahu

4. Humanyus Sahu @ Humayu Sahu ...Petitioner(s).

                                      Versus
            1. The State of Jharkhand
            2. Jai Narayan Prasad                       ... Opp. Party(s)
            CORAM         :     HON'BLE MR. JUSTICE ANANDA SEN.
                                Through: Video Conferencing
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            For the Petitioner(s)           : Mr. Nandan Prasad, Advocate.
            For the State                   : Mr. Azeemuddin, A.P.P

07/08.02.2021:        Heard counsel for the petitioners and counsel for the State.

Counsel for the petitioners have made several submissions which are absolutely not connected with the law which has been laid down in respect of quashing the F.I.R. He has referred several documents on which basis he prays for quashing an FIR. Those documents needs to be proved and has to be proved and it cannot be seen at the stage of quashing the F.I.R. He has argued the entire case on merit referring several documents, which according to this Court and also in view of the judgment passed by the Apex Court is not permissible to delve upon at the time of hearing an application for quashing the F.I.R. The principle in quashing of F.I.R. is well settled.

The Hon'ble Supreme Court in the case of State of Haryana and others Versus Bhajan Lal reported in 1992 Suppl. (1) SCC 335 laid down the principle on which the F.I.R. can be quashed. Further the Hon'ble Supreme Court in that case has also reiterated that when an offence is made out, from bare perusal of the F.I.R, the F.I.R. cannot be quashed.

Considering and keeping in view the said principle of law, I have gone through the entire F.I.R. The dispute is in between two of the agnate and co-sharers. There is an allegation that on false pretext the land is being transferred. Whatever may be the submission in the F.I.R., it is important to note that one of the paragraph in the F.I.R suggests that complainant has obtained some paper from R.T.I. and thereafter found that a forged seal of Ward Commissioner has been prepared for certifying a genealogical table and a forged signature of Ward Commissioner was put in the said document. Further there is an allegation that seal of the District Court has also been prepared. These two submissions in the F.I.R. definitely makes out an offence which needs investigation. The allegation has to be investigated, to come to a proper conclusion as to whether actually the same has happened or not and who are the persons involved in this crime.

Since from bare perusal of the F.I.R. an offence is made out which needs investigation, I am not inclined to entertain this application, the same is dismissed.

      Rajnish/C.P.3                                                       (ANANDA SEN, J.)