( 2025:JHHC:11632 ) Cr.M.P. No.1582 of 2024 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1582 of 2024 1. Gouri Shankar Keshri, aged about 65 years, son of late Raghav Prasad Keshri, Resident of H.I.G. House No. 7, Housing Colony, Bartand, P.O.-Dhanbad, P.S.-Dhanbad, Dist.-Dhanbad, Jharkhand 2. Kumar Anand, aged about 58 years, son of Satya Narayan Jha, resident of House No. 48/2, Durga Mandir Road, Adarsh Nagar (Jharna Para), Hirapur, P.O.-Hirapur, P.S.-Hirapur, Dist.-Dhanbad, Jharkhand .... Petitioners Versus 1. The State of Jharkhand 2. Kamal @ Kamal Kishore Choudhary, son of late Mohan Choudhary, resident of Flat No. -501 & 502, Raj Villas, The Haveli, Main Road, Dhaiya, P.O.-Nag Nagar, P.S.-Dhanbad, Dist.-Dhanbad, Jharkhand …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Peeyush K. Choudhary, Advocate : Mr. Amrit Anunay, Advocate For the State : Mr. Subodh Kr. Dubey, Addl. P.P. For O.P. No.2 : Mr. Vikalp Gupta, Advocate ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with a prayer to quash the entire criminal proceeding including the order taking cognizance dated 29.05.2023 passed by the learned Chief Judicial Magistrate, Dhanbad in Complaint Case No. 3124 of 2023 ( 2025:JHHC:11632 ) Cr.M.P. No.1582 of 2024 2 by which the learned Magistrate has found prima facie case for the offence punishable under Section 500 of the Indian Penal Code inter alia against the petitioners and ordered for issuance of summons against them. 3. The allegation against the petitioners is that the petitioners made and published imputations that the complainant under the influence of alcohol is creating nuisance by his hooligan behaviour and it has become the daily routine of the complainant to involve in fight with the security guards, society staff and committee members of the society of the residents of the Haveli residential society and pasted pamphlets at several visible places which were seen by hundreds of residents of the society as well as the persons who came to the society. As the imputations had been made with intent to harm and with the knowledge and belief that it will harm the reputation of the complainant; hence, it is contented by the complainant that the offence punishable under Section 500 of the Indian Penal Code, is made out. 4. On the basis of the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses, the learned Chief Judicial Magistrate, Dhanbad have found prima facie case for the offence punishable under Section 500 of the Indian Penal Code and ordered for issuance of summons vide order dated 29.05.2023. 5. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are all false and the petitioners have not committed any offence. It is next submitted by the ( 2025:JHHC:11632 ) Cr.M.P. No.1582 of 2024 3 learned counsel for the petitioners that the complaint has been filed for wreaking vengeance because the petitioner no.1 sent a letter to the Town Commissioner, Dhanbad Municipal Corporation against the inquiry witness no.1-Vimal Kumar Choudhary. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 6. Learned Additional Public Prosecutor and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer made by the petitioners in this criminal miscellaneous petition and submits that there is direct and specific allegation against the petitioners of publishing imputations by writing a letter to the complainant and also pasting the pamphlets of the said imputations in several conspicuous places inside the society and such imputations were made in writing with intent to harm and with knowledge and belief that, it will harm the reputation of the complainant. Hence, it is submitted that the learned Chief Judicial Magistrate, Dhanbad has not committed any error in finding prima facie case for the offence punishable under Section 500 of the Indian Penal Code on the basis of the materials available in the record. It is therefore, submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that the essential ingredients to constitute the offence punishable under Section 500 of the Indian Penal Code are:- (1) The accused made or published any imputation concerning any person; ( 2025:JHHC:11632 ) Cr.M.P. No.1582 of 2024 4 (2) Such imputation was made by words either spoken or written with intent to be read, or by signs, or by visible representations; (3) Such imputation must have been made with intent to harm or with knowledge or belief that it will harm the reputation of the person concerned. as has been held by the Hon’ble Supreme Court of India in the case of John Thomas vs. Dr. K. Jagadeesan reported in (2001) 6 SCC 30. 8. Now coming to the facts of the case, there is direct and specific allegation against the petitioners that the petitioners made false imputations by falsely alleging that the complainant under influence of alcohol has been taking law into his own hands, creating nuisance with his hooligan behaviour and it has become the daily routine of the complainant to involve in fight with security guarsd, society staff, committee members as well as the residents; which according to the complainant is not a fact and the complainant has also made detailed description of the earlier efforts made by the petitioners to cause trouble and harm to the complainant by making false allegation against his son. There is also allegation that the imputations has been made with intent to harm and with knowledge and belief that the same will harm the reputation of the person concerned. 9. Under such circumstances, this Court is of the considered view that if the entire allegation made against the petitioners are considered to be true in its entirety, the same is sufficient to prima facie constitute the offence punishable under Section 500 of the Indian Penal Code. Therefore, this Court does not find any justification warranting interference of this Court in the order ( 2025:JHHC:11632 ) Cr.M.P. No.1582 of 2024 5 dated 29.05.2023 passed by the learned Chief Judicial Magistrate, Dhanbad in Complaint Case No. 3124 of 2023 as also to quash the entire criminal proceeding arising out of Complaint Case No. 3124 of 2023. 10. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 17th April, 2025 AFR/Sonu-Gunjan/-