Jayant Kumar Vs the State of Jharkhand

------ For the Petitioners : Ms. Nivedita Kundu, Advocate For the State : Mr. Pankaj Kumar, P.P. For the O.P. No.2 : Mr. Manoj Kr. Ram, Advocate : Mr. Anand Kr. Sinha, Advocate ------

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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 528 of the BNSS, 2023 with the prayer to quash and set aside the entire criminal proceeding arising out of Complaint Case No.826 of 2021 including the order taking cognizance

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Cr. M.P. No.3288 of 2024

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( 2026:JHHC:7181 )

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dated 28.06.2024 passed by learned Judicial Magistrate-1^st Class, Ramgarh whereby and where under the learned Judicial Magistrate-1^st Class, Ramgarh has found prima facie case for the offences punishable under Sections 420, 467, 468, 469, 471, 34 & 120B of the Indian Penal Code against the petitioners.

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The allegation against the petitioners is that the petitioners have manipulated Register-II of the office of the Circle Officer, Gola in criminal conspiracy with each other and claiming to be the owner of the land belonging to the complainant. The petitioners along with co-accused persons have sold the said property of the father of the complainant to the co-accused Ankit Poddar and Nitin Bhalotia.

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The complaint filed by the complainant was referred to police under section 156(3) of Cr.P.C., but police after investigation of the case submitted Final Form by mentioning that the dispute between the parties is a civil dispute. The Complainant filed Protest-cum-Complaint Petition which was registered as Protest-cum-Complaint Petition No.826 of 2021 and basing upon the Protest-cum-complaint, statement on solemn affirmation of the complainant and the statement of the enquiry witnesses, the learned Judicial Magistrate-1^st Class, Ramgarh has found prima facie case for the offences as already indicated above.

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Learned counsel for the petitioners drawing attention of this Court to the supplementary affidavit dated 07.11.2025 filed by the petitioners, submits that Annexure-A-1 thereto is the copy of the memorandum of mutual partition by meats and bounds made between the complainant

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and the ancestor of the petitioners namely Danish Chandra Poddar as well as the petitioners and on the basis of the same, the correction has been made in the Revenue Records. It is next submitted that the petitioners filed W.P.C. No.5169 of 2019 in this Court inter alia against the petitioner no.3 and the said writ petition was disposed of giving liberty to the petitioner to submit a representation before Deputy Commissioner, Ramgarh and on receipt of such representation, the Deputy Commissioner, Ramgarh was to appoint Additional Collector, Ramgarh to make an enquiry in the matter providing opportunity of hearing to the complainant and inter alia the petitioner no.3 herein and the reports shall be placed before the Deputy Commissioner, Ramgarh who was directed to take appropriate decision in the matter in accordance with law.

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Learned counsel for the petitioners next drawing attention of the Court to the order dated 15.02.2021 passed in Misc. Case No.1 of 2020 upon enquiry by the Additional Collector, Ramgarh in terms of the said order passed by this Court in W.P.C. No.5169 of 2019, submits that therein the Additional Collector, Ramgarh rejected the representation of the complainant finding no illegality in the correction made in the Revenue Records including Register-II and upon the same being placed before the Deputy Commissioner, Ramgarh, the Deputy Commissioner, Ramgarh also concurred with the same. It is then submitted that the same goes to show that there is absolutely no manipulation or tampering with the said entries made in the Revenue Record and the orders passed by The Additional Collector and the Deputy Commissioner, Ramgarh are

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Cr. M.P. No.3288 of 2024

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documents of unimpeachable character. It is next submitted that as the petitioners have sold their land which was allotted to them in the partition, so no offence punishable under Section 420 of the Indian Penal Code is made out and in view of the documents of unimpeachable character which goes to show that no false documents has been created as there was no manipulation or tampering with the revenue records including the Register-II, hence, in the absence of any forgery being committed, none of the offences punishable under Sections 467, 468, 469, 471 of the Indian Penal Code has been made out; even with the aid of Section 34 or Section 120B of the Indian Penal Code. It is lastly submitted that the prayer as prayed for, in this Cr.M.P., be allowed.

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Learned P.P. appearing for the State and the learned counsel for the opposite party No.2 do not dispute the memorandum of partition or the enquiry report submitted by the Additional Collector, Ramgarh or the order passed by the Deputy Collector, Ramgarh in terms of the order passed by a co-ordinate bench of this Court in W.P.C. No.5169 of 2019 dated 02.03.2020, but opposes the prayer made by the petitioner in this Cr.M.P. It is lastly submitted by them that this Cr.M.P., being without any merit, be dismissed.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that the copy of the enquiry report submitted by the Additional Collector, Ramgarh which has been concurred by the Deputy Commissioner, Ramgarh in terms of the order dated 02.03.2020 passed in

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W.P.C. No.5169 of 2019 by the co-ordinate bench of this Court are documents of unimpeachable character. Similarly, the veracity of the memorandum of partition arrived at between the complainant and the petitioners as well as the ancestor of the petitioners namely Dinesh Chandra Poddar is also not in dispute. On the basis of the documents of unimpeachable character in the report submitted by the Additional Collector, Ramgarh as well as the order passed thereon concurring with the same by the Deputy Commissioner, Ramgarh in terms of the said order dated 02.03.2020 passed in W.P.C. No.5169 of 2019; goes to show that no false documents have been created by manipulating or tampering with the Register-II of the office of Circle Officer, Gola. The same rules out the offence of creation of false document and in the absence of the same, none of the offences punishable under Sections 467, 468, 469, 471 of the Indian Penal Code has been made out; even with the aid of Section 34 or Section 120B of the Indian Penal Code.

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So far as the offence punishable under Section 420 of the Indian Penal Code is concerned, the only allegation against the petitioners is that the petitioners have executed sale deed in respect of the land which does not belongs to them rather it belongs to father of the complainant. This by itself is not sufficient to constitute the offence punishable under Section 420 of the Indian Penal Code as there is no allegation against the petitioners of inducing the complainant to part with any property nor there is any allegation against the petitioners of deceiving the complainant. Further, there is no allegation against the petitioner of

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committing any impersonation. Hence, this Court is of the considered view that even if the allegations against the petitioners are considered to be true in their entirety still the offence punishable under Section 420 of Indian Penal Code is not made out.

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In view of the discussions made above, as none of the offences in respect of which the learned Judicial Magistrate-1^st Class, Ramgarh has found prima facie case to proceed against the petitioners is made out, hence, this Court is of the considered view that the continuation of this criminal proceeding against the petitioners will amount to abuse of process of law and this is a fit case where the entire criminal proceeding arising out of Complaint Case No.826 of 2021 including the order taking cognizance dated 28.06.2024 passed by learned Judicial Magistrate-1^st Class, Ramgarh, be quashed and set aside.

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Accordingly, the entire criminal proceeding arising out of Complaint Case No.826 of 2021 including the order taking cognizance dated 28.06.2024 passed by learned Judicial Magistrate-1^st Class, Ramgarh, is quashed and set aside qua the petitioners only.

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