Vikrant Lal Sharma Alias Bikrant Lal Sharma Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.527 of 2022

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Vikrant Lal Sharma @ Bikrant Lal Sharma aged about 39 years S/o Jaswant Lal Sharma, R/o Barwadda Road, Rahar Gora Dhaiya, Bhawardaha, Nagnagar, Baghmara, P.O. & P.S. Katras, Dist. Dhanbad … Petitioner

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Versus

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… The State of Jharkhand Opposite Party

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For the Petitioner : Mr. Shailesh, Advocate For the State : Mr. Shiv Shankar Kumar, Addl. P.P.

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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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 proceeding arising out of Balipur P.S. Case No.19 of 2019 corresponding to G.R. No.1652 of 2019 registered under Section 414/34 of the Indian Penal Code including the cognizance order dated 13.11.2019 passed by learned J.M.-1^st Class, Dhanbad wherein the learned court below has held that prima facie a case under Sections 414/120B/34 of the Indian Penal Code is made out against the petitioner.

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The brief fact of the case is that in the night of 23.02.2019, the informant got secret information that a pick-up van was carrying stolen scrap of MTC Business Private Limited. The informant found two tons of scrap loaded on the pick-up van which, the informant suspected to be the scrap of MTC Company. The petitioner has been arrayed as an accused in this case only because he is the owner of the said seized Bolero pick-up van bearing registration No.

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1 Cr. M.P. No.527 of 2022

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JH10AW 2410. The petitioner filed a petition for release of the vehicle and Mr. Belas Tirkey- Assistant Sub Inspector of Police, who was the Investigating Officer of Balipur P.S. Case No.19 of 2019, found the documents of the materials loaded on the pick-up van of the petitioner, to be genuine; the copy of which has been kept at Annexure-2 of this Criminal Miscellaneous Petition but even after such report, without any rhyme or reason, charge-sheet No.78 of 2019 dated 05.09.2019 has been filed in the said case by Mr. Belas Tirkey.

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Vide order dated 10.04.2024 passed in this case, this Court directed the Senior Superintendent of Police, Dhanbad to conduct an enquiry as to under what circumstances even though the documents of the materials loaded in the pick-up van of the petitioner were found to be genuine still the police has submitted charge-sheet in this case against the petitioner and to file a counteraffidavit in this case on or before 10.06.2024. A counter-affidavit has been filed wherein it has been mentioned in paragraph-3 that the Deputy Superintendent of Police (Head Quarter-1) conducted an enquiry and found that there was a superficial investigation done by the Investigating Officer and charge-sheet has been submitted by completing the investigation at superficial level, hence, recommendation for initiating departmental proceeding against the Investigating Officer of the case has been made vide Annexure-B to the supplementary counter-affidavit.

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Learned counsel for the petitioner submits that as admittedly there is no material in the record to implicate the petitioner in this case, hence, the continuation of this criminal proceeding against him will amount to abuse of process of law. Hence, it is submitted that the entire criminal proceeding arising out of Balipur P.S. Case No.19 of 2019 corresponding to G.R. No.1652 of

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2019 including the cognizance order dated 13.11.2019 passed by learned J.M.-1^st Class, Dhanbad wherein the learned court below has held that prima facie a case under Sections 414/120B/34 of the Indian Penal Code is made out against the petitioner; be quashed and set aside.

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Learned Addl.P.P. appearing for the State fairly submits that there is insufficient material in the record to submit charge-sheet against the petitioner. 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 in the peculiar facts of the case since it is the admitted case of the opposite party- State that there is insufficient material to submit the charge-sheet against the petitioner, hence, the continuation of this criminal proceeding against the petitioner vide Balipur P.S. Case No.19 of 2019 corresponding to G.R. No.1652 of 2019 will amount to abuse of process of law. Therefore, in the considered opinion of this Court, this is a fit case where the entire criminal proceeding arising out of Balipur P.S. Case No.19 of 2019 corresponding to G.R. No.1652 of 2019 including the cognizance order dated 13.11.2019 passed by learned J.M.-1^st Class, Dhanbad wherein the learned court below has held that prima facie a case under Sections 414/120B/34 of the Indian Penal Code is made out against the petitioner; be quashed and set aside qua the petitioner only.

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Accordingly, the entire criminal proceeding arising out of Balipur P.S. Case No.19 of 2019 corresponding to G.R. No.1652 of 2019 including the cognizance order dated 13.11.2019 passed by learned J.M.-1^st Class, Dhanbad wherein the learned court below has held that prima facie a case under Sections

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414/120B/34 of the Indian Penal Code is made out against the petitioner; is

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quashed and set aside qua the petitioner only.

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