Jharkhand High Court
Manju Singh vs The State Of Jharkhand on 5 March, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 169 of 2025
1. Manju Singh, aged about 50 years, wife of Umesh Kumar
Singh, resident of H. No.101, Ward No. 22, Murar Bhawan,
Shital Mallick Road, Near Sita Hotel, P.O. & P.S.-Deoghar,
Dist.-Deoghar
2. Asha Devi, aged about 69 years, wife of Kulanand, resident of
Raja Bagh, Bijli Colony, P.O. & P.S.-Deoghar, Dist.-Deoghar
3. Anjana Kumari Mishra, aged about 39 years, wife of
Rajeshwar Mishra, resident of Vinayak Garden, 65, Block,
Sector-3, Shivanand Nagar, P.O. & P.S.-Khamtarai, Dist.-
Raipur (Chattisgarh)
.... Petitioners
Versus
1. The State of Jharkhand
2. The Superintendent of Police, P.O.+P.S.-Deoghar, Dist.-
Deoghar
3. The Investigating Officer of Deoghar Town Police Station,
P.O.+P.S.-Deoghar, Dist.-Ramgarh
.... Respondents
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioners : Mr. Pran Pranay, Advocate
: Mr. Md Faiz, Advocate
For the State : Mr. Indranil Bhaduri, SC IV
.....
By the Court:-
1. Heard the parties.
2. This Writ Petition has been filed invoking the jurisdiction of this
Court under Article 226 of the Constitution of India with a prayer
to quash the entire criminal proceeding 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 petitioners submits that the allegation
against the petitioners is that the petitioners in furtherance of
common intention along with the accused persons being the
vendors of the land, the petitioner no.1 got executed sale-deed
bearing no. 131 dated 31.01.2020, petitioner no.2 got executed sale
deed bearing no. 70 dated 21.01.2020 and the petitioner no.3 got
executed sale deed bearing no. 71 dated 21.01.2020 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 who were the vendors of the
petitioners, 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 petitioners
drawing attention of this Court to the judgment dated 11.01.2024
passed by the Coordinate 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 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 petitioners as there is no
allegation of cheating or any criminal breach of trust or forgery
having been committed by the petitioners. Hence, it is submitted
that the prayer as prayed for in this writ petition be allowed.
5. Learned SC IV appearing for the State on the other hand
vehemently oppose the prayer of the petitioners but 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 SC IV 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 writ 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 petitioners are the
purchaser of the lands. There is no allegation that the petitioners
have 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 petitioners. In the
absence of any allegation against the petitioners 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 petitioners. 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 also 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 petitioners
even after the entire allegations made against the petitioners are
considered to be true in their entirety, hence, the continuation of
this criminal proceeding against the petitioners will amount to
abuse of process of law. Therefore, this is a fit case where the
entire criminal proceeding including the First Information Report
in connection with Deoghar (Town) P.S. Case No.551 of 2020, be
quashed and set aside qua the petitioners only.
9. Accordingly, the entire criminal proceeding including the First
Information Report in connection with Deoghar (Town) P.S. Case
No.551 of 2020, is quashed and set aside qua the petitioners only.
10. In the result, this writ petition is allowed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 5th March, 2025
AFR/Sonu-Gunjan/-
