Dismissed¶¶21

Ramakant Dubey v. the State of Jharkhand

Jharkhand HC22 Jul 2025W.P.(Cr.)/231/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; W.P.(Cr.) No. 231 of 2024; neutral citation 2025:JHHC:20049; decided 22.07.2025 by Ananda Sen, J. Keywords: Article 226 writ; return of original property documents withdrawn from court record; Garhwa Town P.S. Case No. 50 of 2020; Section 420 IPC; cognizance taken; prayers infructuous; investigation direction refused; CJM Garhwa; respondent No. 8 Sachin Tiwari; liberty to approach Trial Court after judgment; writ dismissed.

What did the court decide?

No relief granted; writ petition dismissed. Petitioner left at liberty to make appropriate prayer before the Trial Court concerned after the judgment is delivered. ¶¶21

Ramakant Dubey Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

No relief granted; writ petition dismissed. Petitioner left at liberty to make appropriate prayer before the Trial Court concerned after the judgment is delivered.

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Issue for consideration

Whether the writ court can direct respondent No. 8 to return the petitioner's original property documents alleged to have been illegally and fraudulently withdrawn from the Court records, while the question of such withdrawal remains subject matter of the pending criminal trial. +1 more

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Court's answer

Unless the criminal trial is decided and the Magistrate records a specific finding that the original property documents were illegally and fraudulently withdrawn from the Court records by respondent No. 8, no order can be passed under Article 226 directing respondent No. 8 to return the documents; accordingly no relief can be granted in the writ petition.

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Ratio / Principle

Since cognizance has already been taken in Garhwa Town P.S. Case No. 50 of 2020, the prayers for independent investigation and for action against respondent No. 8 (prayers (ii) and (iii)) have rendered infructuous.

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Detailed headnote1 paragraphs

Criminal writ petition (W.P.(Cr.) No. 231 of 2024, High Court of Jharkhand, Ananda Sen, J., decided 22.07.2025) seeking (i) return of the petitioner's original property documents allegedly illegally and fraudulently withdrawn from the Court records of respondent No. 6 by respondent No. 8, and (ii)-(iii) fair investigation by an independent authority and action against respondent No. 8 in Garhwa Town P.S. Case No. 50 of 2020 under Section 420 IPC, pending before the CJM, Garhwa. Held: cognizance having already been taken, prayers (ii) and (iii) stand infructuous; whether the documents were withdrawn by respondent No. 8 is a matter for the criminal trial, and until the Magistrate records a specific finding of fraudulent withdrawal, no direction to return the documents can be issued under Article 226. Writ petition dismissed, with liberty to the petitioner to make appropriate prayer before the Trial Court after delivery of judgment therein.

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2025:JHHC:20049

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 231 of 2024

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Ramakant Dubey, son of Prabhunath Dubey, resident of village Misrauliya, P.O Semoura, P.S. Kandi, District Garhwa, Jharkhand …. Petitioner(s).

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Versus

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The State of Jharkhand

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The Director General of Police, Jharkhand.

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The Deputy Inspector General of Police, Palamau.

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The Superintendent of Police, Garhwa.

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The Investigating Officer of Garhwa Town P.S. Case No. 50 of 2020.

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The Sub-Divisional Magistrate-cum-SDO, Office at Garhwa.

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The Executive Magistrate, Garhwa.

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Sachin Tiwari, son of Deepak Tiwary, resident of village Patoria, P.O Simora, P.S. Kandi, District- Garhwa, Jharkhand … Respondent(s)

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CORAM : SRI ANANDA SEN, J. -----For the Petitioner(s) : M/s Aditya Kuamr Jha, Anjani Kumar and Ashutosh Ranjan Kumar, Advocates. For the State: AC to SC-V For resp. No. 8 M/s. Shashank Shekhar No. 1 & Shristi Sinha, Advocates.

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06/22.07.2025: By way of filing this writ petition, the petitioner has prayed for following relief(s):-

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(i) For direction upon the respondent authorities to bring on the record or return the original property documents of the petitioner which was illegally and fraudulently withdrawn from the Court records of respondent No. 6 by the respondent No. 8. (ii) For direction to conduct fair and impartial investigation by independent authority in Garhwa Town P.S. Case No. 50 of 2020 registered under Section 420 IPC, pending in the Court of learned CJM, Garhwa.

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(iii) For direction upon the respondent No. 5 to take appropriate action against respondent No. 8 in connection with the aforesaid case, the investigation of which is still pending since long.

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During course of argument, it has been admitted by the learned counsel for the petitioner that the cognizance has already been taken in Garhwa Town P.S. Case No. 50 of 2020.

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Since cognizance has already been taken, prayer No. (ii) and (iii) made in this criminal writ petition, have rendered infructuous. 4. So far as prayer No. (i) is concerned, the petitioner prays that a direction may be given to the respondent authorities to return the original

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property documents of the petitioner, which were illegally and fraudulently withdrawn from the Court's record by respondent No. 8.

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Whether the original documents have been withdrawn by respondent No. 8 or not, is the subject matter of the criminal trial in which, the cognizance has already been taken. Unless the said trial is decided and unless a specific finding is arrived at by the Magistrate that the original property documents of the petitioner was illegally and fraudulently withdrawn from the Court records by respondent No. 8, no order can be passed in this writ petition, filed under Article 226 of the Constitution, directing the respondent No. 8 to return the said documents. Thus, no relief can be granted to the petitioner in this writ petition.

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Accordingly, this writ petition is dismissed .

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However, the petitioner is at liberty to make appropriate prayer before the Trial Court concerned after the judgment is delivered.

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(ANANDA SEN, J.)

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Anu/-CP3

Ramakant Dubey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ramakant Dubey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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