Jharkhand High Court
Sanjay Kumar Sahu vs The State Of Jharkhand on 22 August, 2023
1 Cr.M.P. No.2802 of 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2802 of 2021
1. Sanjay Kumar Sahu, aged about 32 years, son of late Jagtu Sahu,
resident of village- Pundag, P.O. & P.S.- Pundag, Dist.- Ranchi
2. Dilip Kumar Sahu @ Dilip Kumar, aged about 45 years, son of Sri
Dashrath Mahto, resident of Mandir Toli, Pundag, P.O. & P.S.-
Pundag, Dist.- Ranchi
.... Petitioners
Versus
1. The State of Jharkhand
2. Sub-Divisional Officer, son of not known to the petitioner, resident
of S.D.O., Sadar, P.O. & P.S.- Sadar, Dist. Ranchi
.... Opp. Parties
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioners : Mrs. Jasvindar Mazumdar, Advocate
For the State : Mrs. Nehala Sharmin, Spl. P.P.
.....
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 482 Cr.P.C. with a prayer
for quashing the entire criminal proceeding including the order
taking cognizance dated 20.03.2021 passed in connection with
SC/ST Case No. 259 of 2017 arising out of Sukhdeonagar P.S. Case
No. 260 of 2017 passed by learned Additional Judicial
Commissioner-VII-cum-Special Judge, SC/ST, Ranchi whereby
and where under, the learned Special Judge has found prima facie
case for proceeding inter alia against the petitioners under Section
420, 467, 468, 471 and 34 of Indian Penal Code and under Section 3
(1) (f) and 3 (1) (g) of the Schedule Castes and the Schedule Tribes
(Prevention of Atrocities) Act, 1989.
3. The allegation against the petitioners is that the Sub-Divisional
Officer, Ranchi lodged an FIR alleging therein that by committing
forgery for the purpose of cheating, using forged documents as
genuine and wrongfully occupying land owned by a member of
Schedule Tribe and getting such land transferred and wrongfully
dispossessing a member of Schedule Tribe from his land and
interfering with the enjoyment of his rights.
4. After investigation of the case, police found sufficient materials
and submitted charge sheet against the petitioners.
5. The learned Special Judge, SC/ST Cases upon submissions of
the charge sheet, perusing the entire case record as well as
different paragraphs of the case diary as mentioned in the order
dated 20.03.2021 has found sufficient evidence to proceed against
the petitioners for having committed the said offences and found
prima facie case against the petitioners in respect of the said
offences.
6. It is submitted by the learned counsel for the petitioners that the
petitioners are innocent and some orders in favour of the
petitioners have been passed by the Revenue Officer. Hence, it is
submitted that entire criminal proceeding including the order
taking cognizance dated 20.03.2021 passed in connection with
SC/ST Case No. 259 of 2017 arising out of Sukhdeonagar P.S. Case
No. 260 of 2017 passed by learned Additional Judicial
Commissioner-VII-cum-Special Judge, SC/ST, Ranchi be quashed
and set aside.
7. Learned Spl. P.P. submits that the State on the other hand
opposes the prayer to quashing the entire criminal proceeding
including the order taking cognizance dated 20.03.2021 passed in
connection with SC/ST Case No. 259 of 2017 arising out of
Sukhdeonagar P.S. Case No. 260 of 2017 passed by learned
Additional Judicial Commissioner-VII-cum-Special Judge, SC/ST,
Ranchi and submits that the instant criminal miscellaneous
petition is a frivolous and misconceived one and is not
maintainable in view of the direct and specific allegation against
the petitioners of committing serious offences. It is next submitted
by learned Spl. P.P. that undisputedly the land belong to the
member of Schedule Tribe and the petitioners being not the
member of Schedule Tribe are possessing the same illegally and
the petitioners could not put forth any document as to on what
manner they are possessing the land belonging to the schedule
tribes in violation of the law. It is further submitted by learned
Spl. P.P. that only ground for quashing of the criminal proceeding
is that the allegation against the petitioners are false but the same
cannot be determined by this Court by conducting a mini trial in
exercise of its jurisdiction under Section 482 Cr.P.C. Relying upon
the judgment of Hon'ble Supreme Court of India in the case of
Vinod Raghuvanshi vs. Ajay Arora and Ors. reported in (2013)
10 SCC 581, it is submitted by learned Spl. P.P. that in paragraph
nos.30 and 31, it has been categorically observed by the Hon'ble
Supreme Court of India that while considering the case for
quashing of the criminal proceedings, the court should not kill a
still born child and a legitimate prosecution should not be stifled
unless there are compelling circumstances to do so and in this
case, there is absolutely no compelling circumstances rather for
the ends of justice, this is a fit case where the proceeding be
allowed to proceed to its logical end. Hence, it is submitted that
this criminal miscellaneous petition being without any merit be
dismissed.
8. Having heard the submissions made at the Bar and after going
through the materials in the record, this Court finds that there is
direct and specific allegation against the petitioners of having
committed forgery for the purpose of cheating, used forged
documents as genuine in furtherance of common intention with
each other and also wrongfully occupying land owned by a
member of Schedule Tribe and getting such land transferred in
their names illegally and wrongfully dispossessing a member of
Schedule Tribe from his land. The contention of the learned
counsel for the petitioners that the allegation against the
petitioners are all false cannot be verified at this stage by
conducting a mini trial and in view of the direct and specific
allegation against the petitioners, this Court is not inclined to
quash the entire criminal proceeding including the order taking
cognizance dated 20.03.2021 passed in connection with SC/ST
Case No. 259 of 2017 arising out of Sukhdeonagar P.S. Case No.
260 of 2017 passed by learned Additional Judicial Commissioner-
VII-cum-Special Judge, SC/ST, Ranchi.
9. Accordingly, this criminal miscellaneous petition being without
any merit is dismissed and consequently the interim order
granted earlier, if any, stands vacated.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 22nd August, 2023
AFR/Sonu-Gunjan/-
