Jharkhand High Court
Vivek Vijay Bhide vs The State Of Jharkhand on 18 June, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
( 2025:JHHC:17577 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3577 of 2023
Vivek Vijay Bhide, aged about 53 years, S/o -Vijay Bhide, R/o -
Grasim Industries Ltd., Chemical Division, Rehala, P.O. & P.S. -
Rehala, District -Palamau, Jharkhand.
.... Petitioner
Versus
1. The State of Jharkhand
2. Md. Musharaf Hussain, aged about 25 years, S/o -Md. Masir
Khalifa, R/o -Draji Mohalla, P.O. & P.S. -Bishrampur, District -
Palamau, Jharkhand.
.... Opp. Parties
With
Cr.M.P. No. 3625 of 2023
Brajesh Kumar, aged about 44 years, S/o -Vikram Singh Kushwaha,
R/o -Grasim Industries Ltd, Chemical Division, Rehala, P.O. & P.S. -
Rehala, District-Palamau, Jharkhand.
.... Petitioner
Versus
1. The State of Jharkhand
2. Md. Musharaf Hussain, aged about 25 years, S/o -Md. Masir
Khalifa, R/o -Draji Mohalla, P.O. & P.S. -Bishrampur, District -
Palamau, Jharkhand. .... Opp. Parties
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioners : Mr. Dhananjay Kr. Pathak, Advocate
: Mr. Shashi Kant Mishra, Advocate
: Ms. Shaurya Dwivedi, Advocate
For the State : Mr. P.D. Agrawal, Spl. P.P.
: Mr. Rajesh Kumar, Addl. P.P.
For the Opp. No.2 : Ms. Nanda Kumari, Advocate
: Mr. Binod Kumar, Advocate
.....
with
( 2025:JHHC:17577 )
By the Court:-
1. Heard the parties.
2. Since both these criminal miscellaneous petitions have arisen out
the same case and the same prayer has been made in both the
criminal miscellaneous petitions, hence both the criminal
miscellaneous petitions are disposed of by this common
judgment.
3. These criminal miscellaneous petitions have been filed invoking
the jurisdiction of this Court under Section 482 Cr.P.C. with a
prayer to quash the entire criminal proceeding including the order
dated 03.05.2023, passed by the learned Judicial Magistrate -1st
Class, Palamau in Complaint Case No. 1067 of 2021 whereby and
where under, the learned Magistrate has taken cognizance of the
offences punishable under Section 120B and 420 of the Indian
Penal Code.
4. The brief facts of the case is that the petitioner of Cr.M.P. No.
3577 of 2023 namely Vivek Vijay Bhide being the Unit Head and
the petitioner of Cr.M.P. No. 3625 of 2023 namely Brajesh Kumar
being the Financer of the company, in the name and style of
Grasim Industries, dishonestly and fraudulently induced the
complainant to deliver "Fly Ash Blocks preparing machine",
worth 32-35 lakhs by alluring him to supply raw materials such as
fly ash, water, electricity and to give other benefits and to
purchase the fly ash blocks and initially supplied the raw
with
( 2025:JHHC:17577 )
materials and purchased some fly ash but thereafter have illegally
retained the said "fly ash blocks making machine" of the
complainant. On the basis of the complaint, statement of the
complainant under solemn affirmation and the statement of the
inquiry witnesses, the learned Judicial Magistrate -1st Class,
Palamau has found prima-facie case for the offences punishable
under Section 120B and 420 of the Indian Penal Code.
5. It is submitted by the learned counsel for the petitioners that the
allegations against the petitioners are false and the petitioners
have been given the privilege of anticipatory bail. It is next
submitted that Grasim Industries Limited has its own block
making facility. It is then submitted that the guidelines laid down
by the Hon'ble Supreme Court of India, in para-102 of the case of
State of Haryana and Others Vs. Bhajanlal and Others, reported
in 1992 Supp (1) SCC 335 is attracted in this case and the
allegations made in the complaint are absurd, inherent and
improbable. Hence, it is submitted that the prayer as prayed for
by the petitioners in these criminal miscellaneous petitions be
allowed.
6. The learned Spl. P.P., Addl. P.P. and the learned counsel for the
opposite party no.2 on the other hand vehemently opposes the
prayer as prayed for by the petitioners in these criminal
miscellaneous petitions and submits that the contention of the
petitioners that the allegation made against the petitioners are
with
( 2025:JHHC:17577 )
false is a defence which the petitioners can take during the trial of
the case but for that reason certainly, the entire criminal
proceeding ought not to be quashed. It is next submitted that
there is no absurdity in the case of the complainant and the same
is very much probable and has in fact happened, so the ratio of the
Judgment of the Hon'ble Supreme Court of India in the case of
State of Haryana and Others Vs. Bhajanlal and Others (supra) is
not attracted to the facts of this case. Hence, it is submitted that
these criminal miscellaneous petition being without any merit be
dismissed.
7. Having heard the submissions made at the Bar and after going
through the materials available in the record, it is pertinent to
mention here that there is direct and specific allegation against the
petitioners that the petitioners dishonestly and fraudulently
induced the complainant to part with a "fly ash block making
machine", worth several lakhs by alluring him to supply raw
materials and to purchase his product i.e. fly ash blocks. The
petitioners have not disputed the fact that they have purchased fly
ash blocks from the complainant for few months. Under such
circumstances, this Court is of the considered view that there is no
absurdity or improbability in the case of the complainant. Hence,
the ratio of the judgment of the Hon'ble Supreme Court of India in
the case of State of Haryana and Others Vs. Bhajanlal and
Others (supra) is not attracted to the facts of the case. If the entire
with
( 2025:JHHC:17577 )
allegations made against the petitioners are considered to be true,
certainly the ingredients of the offence punishable under Section
420 read with 120B of the Indian Penal Code is made out against
each of the petitioners as there is allegation of deception of the
complainant by dishonest and fraudulent inducement and parting
with fly ash block making machine of the complainant and not
allowing him to take it back from the premises of the petitioners.
8. Under such circumstances, this Court is of the considered view
that this is not a fit case where the entire criminal proceeding
including the order dated 03.05.2023, passed by the learned
Judicial Magistrate -1st Class, Palamau in Complaint Case No.
1067 of 2021 be quashed and set aside in exercise of the power
under Section 482 of the Cr.P.C.
9. Accordingly, this criminal miscellaneous petition being without
any merit is dismissed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 18th June, 2025
AFR/Sonu-Gunjan/-
with
