High Court dismissed two miscellaneous petitions seeking quashment of criminal proceedings for forgery under IPC Sections 465, 471, and 120B. The court found prima facie evidence of tag insertion in a rent receipt invalidating the defense of family partition.
Petitions dismissed; interim order (if any) vacated; criminal proceedings maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 Cr.M.P. Nos. 464 of 2018 with 443 of 2018
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 464 of 2018
….. Opposite Parties
With Cr.M.P. No. 443 of 2018
For the Petitioners : Mr. R.S.Mazumdar, Sr. Adv. Mr. Rohit, Adv. For the State :Ms.Lily Sahay, Addl.PP Ms. Priya Shrestha, Spl.PP For the O.P. No. 2 : Mr. P.C. Roy, Adv. Mr. Sunil Kr. Sinha, Adv.
P R E S E N T
2 Cr.M.P. Nos. 464 of 2018 with 443 of 2018
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
3 Cr.M.P. Nos. 464 of 2018 with 443 of 2018
with Complaint case no. 1460 of 2016, in both the criminal miscellaneous petitions, be quashed and set aside.
4 Cr.M.P. Nos. 464 of 2018 with 443 of 2018
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi Dated, the 7th August, 2023 Smita /AFR
3 issues framed by the court
Whether the High Court can quash criminal proceedings for forgery where a muta rent receipt was tampered with
Whether the findings of the Judicial Magistrate recording prima facie case for forgery are illegal
Whether the defence of family partition makes the sale deed void ab initio
2 provisions across 2 enactments
Navin Kumar Sinha
Anju Sinha
The State of Jharkhand
Amit Narain
Smt. Sandhya Rani
Smt. Kanti Prasad
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
