Jharkhand High Court
Munna Lal vs The State Of Jharkhand ... Opposite ... on 23 October, 2024
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.2635 of 2020
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Munna Lal, Son of Govardhan Lal, aged about 54 Years, resident of-
Makatpur, Berganda Power House Road, P.O. and P.S.- Giridih,
District: Giridih (Jharkhand)
... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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For the Petitioner : Mr. Prabhat Kr. Sinha, Advocate
Mr. Diwakar Jha, Advocate
For the State : Mr. Rahul Saboo, G.P.II
Mr. Gaurang Jajodia, AC to G.P.II
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PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 482 of the Code of Criminal Procedure
with a prayer to quash the entire criminal prosecution including the First
Information Report in connection with Deoghar (Town) P.S. Case No.551 of
2020 and the said case is now pending in the court of the learned Chief Judicial
Magistrate, Deoghar.
3. Learned counsel for the petitioner submits that the allegation against the
petitioner is that the petitioner, in furtherance of common intention along with
the accused persons being the vendors of the land, has got executed sale-deed
in favour of the complainant bearing No.132 dated 31.01.2020 in the Office of
Sub-Registrar, Deoghar suppressing the fact that the vendors have submitted
before the Co-ordinate Bench of this court that the contesting respondents of
that case and who were the vendors of the petitioner, have assured that there is
no proposal to transfer the suit land by them and they shall not transfer the suit
property henceforth. Accordingly, the Co-ordinate Bench of this court disposed
of the matter by directing the parties not to transfer any portion of the suit
property and not to change/alter the topography nature, situation, and
position of the suit land during the pendency of this appeal without taking
prior permission of the court.
4. It is next submitted by the learned counsel for the petitioner drawing
attention of this court to the judgment dated 11.01.2024 passed by the Co-
ordinate Bench of this court in W.P.(C). No.4928 of 2022 along with other cases
by which the order for institution of the First Information Report, on the basis
of which ordered the Deoghar (Town) P.S. Case No.551 of 2020 has been
registered, has been set aside. It is next submitted that otherwise also the
offence punishable under Sections 420, 406, 467, 468, 471, 34 of the Indian Penal
Code is not made out against the petitioner as there is no cheating nor there is
any criminal breach of trust or forgery having been committed by the
petitioner. Hence, it is submitted that the prayer as prayed for in this Criminal
Miscellaneous Petition be allowed.
5. Learned G.P.II appearing for the State on the other hand vehemently
oppose the prayer of the petitioner and fairly submits that the order of the
District Registrar-cum-Deputy Commissioner, Deoghar dated 12.07.2020 in
Misc. Case No.04 of 2020-21 on the basis of which the First Information Report
in connection with Deoghar (Town) P.S. Case No.551 of 2020 has been
registered, has been set aside by the Co-ordinate Bench of this court.
6. Learned G.P.II appearing for the State further submits that the State has
filed L.P.A. No.339 of 2024 against the order by which the order of the Deputy
Commissioner has been quashed. Hence, it is submitted that this Criminal
Miscellaneous Petition, being without any merit, be dismissed.
7. Having heard the rival submissions made at the Bar and after carefully
going through the materials available in the record, this Court is of the
considered view that the petitioner is the purchaser of the land. There is no
allegation that the petitioner has cheated anybody and thereby induced
anybody to deliver any property. So, the offence punishable under Section 420
of the Indian Penal Code is not made out against the petitioner. In the absence
of any allegation against the petitioner of dishonest misappropriation of any
property entrusted or having dominion of, the offence punishable under
Section 406 of the Indian Penal Code is not made out against the petitioner. In
the absence of any forgery having been committed by creating any false
document, the offence punishable under Sections 467, 468, 471 of the Indian
Penal Code is not made out.
8. Under such circumstances, this Court is of the considered view that since
none of the offences for which the First Information Report has been registered
is made out against the petitioner even after the entire allegations made against
the petitioner are considered to be true in their entirety. Hence, the
continuation of this criminal proceeding against the petitioner will amount to
abuse of process of law. Therefore, this is a fit case where the entire criminal
prosecution including the First Information Report in connection with Deoghar
(Town) P.S. Case No.551 of 2020, be quashed and set aside qua the petitioner
only.
9. Accordingly, the entire criminal prosecution including the First
Information Report in connection with Deoghar (Town) P.S. Case No.551 of
2020, is quashed and set aside qua the petitioner only.
10. In the result, this Criminal Miscellaneous Petition is allowed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 23rd of October, 2024
AFR/ Saroj
