Allowed¶23

Ranjeet Singh Rana @ Ranjeet Singh v. State Of Bihar and Anr.

Patna HC20 Jul 2024CR. MISC./64927/2018

Case brief

AI extract

What is this about?

S.482 Cr.P.C. quashing of cognizance; Sections 420, 467, 468, 471, 342, 353, 290, 291, 186, 188 IPC; Buxar Town P.S. Case No.541 of 2017; charge sheet No.488/2017; farmers' meeting; Kila Maidan; Jyoti Chak; gazette notification dated 14.03.2011; settlement of Government land for landless farmers; creating legal awareness not criminal; no cheating; no false document; social activist; Circle Officer informant; Patna High Court CR. MISC. No.64927 of 2018 dt.20-07-2024; Bibek Chaudhuri, J.

What did the court decide?

The instant application under Section 482 Cr.P.C. is allowed, quashing the cognizance order dated 17.01.2018 (charge sheet No.488/2017). ¶23

Ranjeet Singh Rana @ Ranjeet Singh Vs State Of Bihar and… — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

The instant application under Section 482 Cr.P.C. is allowed, quashing the cognizance order dated 17.01.2018 (charge sheet No.488/2017).

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Issue for consideration

Whether the order of cognizance dated 17.01.2018, taken on charge sheet No.488/2017 in Buxar Town P.S. Case No.541 of 2017 for offences punishable under Sections 420, 467, 471, 342, 353, 290, 291, 186 and 188 IPC, should be quashed under Section 482 Cr.P.C.

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Court's answer

The Court failed to appreciate how charges under Sections 420, 467, 468, 471, 342, 353, 290, 291, 186, 188 IPC were alleged against the petitioner in the charge sheet; the petitioner, a social activist working for the cause of farmers, committed no cheating and neither created nor used any false document as genuine to cause loss to the Government.

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Ratio / Principle

It is the duty of every person to make other people aware about their constitutional and legal rights, and for such purpose a man cannot be subjected to a criminal proceeding.

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Key takeaways

The Court found no ground for further proceedings; the order of cognizance dated 17.01.2018 taken by the Jurisdictional Magistrate on the basis of charge sheet No.488/2017 is bad and liable to be quashed.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Bibek Chaudhuri, J), order dated 20-07-2024: Criminal Miscellaneous No.64927 of 2018, arising out of Buxar Town P.S. Case No.541 of 2017, allowed under Section 482 Cr.P.C.; the cognizance order dated 17.01.2018 taken by the Jurisdictional Magistrate on charge sheet No.488/2017, charging petitioner Ranjeet Singh Rana under Sections 420, 467, 468, 471, 342, 353, 290, 291, 186 and 188 IPC, is held bad and liable to be quashed. The petitioner had sought permission on 01.09.2017 to hold a farmers' meeting at Kila Maidan; on refusal, he addressed farmers at Jyoti Chak regarding a gazette notification dated 14.03.2011 entitling landless farmers to settlement of Government land. Holding: he committed no cheating and neither created nor used any false document; a person making others aware of their constitutional and legal rights cannot be subjected to criminal proceedings.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64927 of 2018

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Arising Out of PS. Case No.-541 Year-2017 Thana- BUXAR District- Buxar

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======================================================

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RANJEET SINGH RANA @ RANJEET SINGH Son of Jagdeshwar Prasad Singh, Resident of Vasudeva Prakhand, P.S.- Basudeva, P.O.- Navanagar, District- Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Satyendra Kumar Singh, Circle Officer, Buxar, Village Chaumusa, P.O.Pirauta, District- Bhojpur, Ara.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jai Vardhan Narayan, Advocate Mr. Mritunjay Kumar, Advocate Mr. Sarvendra Kr. Verma, Advocate For the Opposite Party/s : Mr. Sunil Kr. Pandey, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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2 20-07-2024

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The petitioner has filed the instant application under Section 482 Cr.P.C. praying for quashing of the order of cognizance dated 17.01.2018 for the offence punishable under Section 420, 467, 471, 342, 353, 290, 291, 186 and 188 of the I.P.C.

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It is pertinent to mention at the outset that on the basis of complaint submitted by one Satyendra Kumar Singh, Circle Officer, police registered Buxar Town P.S. Case No.541 of 2017 under the aforesaid penal provisions against the petitioner. It was alleged in the F.I.R. that the petitioner being a resident of Vasudeva Prakhand, Navanagar, District Buxar

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Patna High Court CR. MISC. No.64927 of 2018(2) dt.20-07-2024 2/3

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approached the office of the Sub-Divisional Officer in writing on 01.09.2017 to permit him to organized and hold the meeting of farmers in Kila Maidan for spreading awareness amongst the farmers that the landless farmers are entitled to have settlement of Government land. The said promotion was not granted by the Sub-Divisional Officer showing the reasons that Kila Maidan was not vacant on the proposed day of meeting and secondly, the proposed meeting may cause violation of law and order. However, as the meeting was called by the petitioner previously thousands of farmers attended, the petitioner held meeting at Jyoti Chak and informed the farmers that by virtue of a notification published in the official gazette, on 14.03.2011, the landless farmers are entitled to get some amount of land, upon filing an application to the Government in prescribed form.

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According to the informant assembly of thousands of farmers cause disruption of daily life of the resident of Buxar and there was an apprehension of violation of law and order.

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Having heard the learned Advocate for the petitioner and on perusal of the F.I.R. and other materials on record, this Court fails to appreciate as to how, charge under Section 420, 467, 468, 471, 342, 353, 290, 291, 186, 188 of I.P.C. was alleged against the petitioner in the charge sheet. The

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Patna High Court CR. MISC. No.64927 of 2018(2) dt.20-07-2024 3/3

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petitioner being a social activist, alive for the cause of farmers did not commit any cheating. He did not create any false document, he also did not use any false document, as genuine to cause any loss of the Government. It was urged by the petitioner that there was a Government notification published in the gazette on 14.03.2011 by virtue of which, the landless people are entitled to have land settled with the Government. In order to apprise the said fact, he called the meeting of the farmers.

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It is the duty of every person to make other people aware about their constitutional and legal right, for such purpose a man cannot be subjected to a criminal proceeding.

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For the reasons stated above, I do not find any ground for further proceeding of this case, accordingly, the order of cognizance dated 17.01.2018 on the basis of the charge sheet bearing No.488/2017 taken by the Jurisdictional Magistrate is bad and liable to be quashed.

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Accordingly, the instant application under Section 482 Cr.P.C. is allowed.

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(Bibek Chaudhuri, J)

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mdrashid/-

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Ranjeet Singh Rana @ Ranjeet Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Ranjeet Singh Rana @ Ranjeet Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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