Tanmay Kumar Gorain vs The State Of Jharkhand
2026 Latest Caselaw 811 Jhar

Jharkhand High Court

Tanmay Kumar Gorain vs The State Of Jharkhand on 6 February, 2026

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

                                                               (2026:JHHC:3275)



              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr.M.P. No. 2812 of 2023


           1. Tanmay Kumar Gorain, aged about 33 years, son of Nabadiwip
              Gorain
           2. Deepak Kumar Mandal, aged about 54 years, son of Maha Prasad
              Mandal
           3. Shyamal Kumar Mandal, aged about 49 years, son of Maha Prasad
              Mandal
           4. Shivram Mandal, aged about 35 years, son of Radheshyam Mandal
              All are resident of Village-Dumria, P.O.-Makrampur, P.S.-Masalia,
              Dist.-Dumka
                                               ....              Petitioner
                                        Versus
           1. The State of Jharkhand
           2. Atul Ranjan Bhagat, son of late Lt. Somnaith Bhagat, resident of
              Village-Pasanga, P.O.-Fori, P.S.-Gumla, Dist.-Gumla at present
              Circle Officer, Raneshwar, P.O. & P.S.-Raneshwar, Dist.-Dumka
                                                ....              Opp. Parties

                                     PRESENT

                HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                       .....

For the Petitioner : Mr. Jagat Kr. Soni, Advocate :

For the State : Mr. Manoj Kr. Mishra, Addl. P.P. For O.P. No.2 : Mr. Shadab Bin Haque, Advocate : Mr. Ankit Apurva, Advocate : Ms. Nisha Kumari, Advocate .....

By the Court:-

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the

jurisdiction of this Court under Section 482 of Cr.P.C. with the

prayer to quash the entire criminal proceeding in connection with

Tongra P.S. Case No. 03 of 2023 registered for the offences

punishable under Section 379/411/34 of the Indian Penal Code,

(2026:JHHC:3275)

Section 4/21 of the Mines and Minerals (Development &

Regulation) Act, Rule 4/54 of the Jharkhand Minor Minerals

Concession Rules, 2004 and under Rule 9/13 of the Jharkhand

Minerals (Prevention of Illegal Mining, Transportation & Storage)

Rules, 2017.

3. Learned counsel for the petitioners submits that the next date is

fixed to 10.02.2026 for consideration of charge. Though charge

sheet has been submitted and cognizance of the offences has been

taken by the learned court concerned, but the petitioners have

neither made any prayer to quash the charge sheet nor filed the

same nor have challenged the order by which the learned court

has taken cognizance of the offences. The petitioners do not know

what has been mentioned in the charge sheet but still they made

prayer to quash the entire criminal proceeding. Hence, it is

submitted that the prayer as made in this criminal miscellaneous

petition be allowed.

4. The learned Addl. P.P. and the learned counsel for the opposite

party no.2 on the other hand vehemently oppose the prayer of the

petitioners and submit that the petition is a vague and vexatious

one and the petitioners have not come to Court with clean hands.

It is then submitted that the petitioners have come to this court by

suppressing the material fact that charge sheet has already been

submitted and cognizance of the offences has been taken by the

court concerned and also by withholding the charge sheet- where

it is mentioned specifically about the sufficient materials collected

(2026:JHHC:3275)

during the investigation of the case showing the involvement of

the petitioners in the offences, of which cognizance has already

been taken. Hence, it is submitted that this criminal miscellaneous

petition being without any merit be dismissed.

5. Having heard the submissions made at the Bar and after going

through the materials available in the record, this Court is of the

considered view that the petitioners have not come to Court with

clean hands and have suppressed the material fact that charge

sheet has already been submitted against the petitioners and

cognizance of the offences has been taken against the petitioners

and have also withheld the charge sheet from this Court by not

filing the same. The undisputed fact remains that police after

investigation of the case has found the allegation against the

petitioners to be true and has submitted charge sheet. Hence, this

Court is of the considered view that this is not a fit case to quash

the entire criminal proceeding in exercise of the power under

Section 482 of Cr.P.C.; considering the conduct of the petitioners

in not coming to court with clean hands and withholding material

information from the Court.

6. Accordingly, this criminal miscellaneous petition being without

of any merit is dismissed.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi Dated the 6th February, 2026 AFR/Sonu-Gunjan/-

Uploaded on 09/02/2026