(2025:JHHC:28661) Cr.M.P. No.2610 of 2020 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2610 of 2020 Narendra Butala, aged about 64 years, son of Manilal Butala, resident of 503, Vallabh Sadan, Peace Road, P.O. & P.S.-Lalpur, Dist.-Ranchi, State-Jharkhand .... Petitioner Versus 1. The State of Jharkhand 2. Jaishankar Jaipuriyar, son of not known, Secretary, Ratan Height Residential Society, Resident of Ratan Heights, Tagore Hill Road, Morabadi, P.O.-Morabadi, P.S.-Bariatu, Dist.- Ranchi, State-Jharkhand …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Rajesh Kumar, Advocate : Mr. Manindar Kr. Sinha, Advocate : Mr. Amit Kumar, Advocate For the State : Mr. Manish Kumar, Sr. SC II : Mr. Ashwini Bhushan, AC to Sr. SC II For O.P. No.2 : Mr. Rohit Ranjan Sinha, Advocate : Mr. Arpit Khandelwal, Advocate : Mr. Kumar Rahul, 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 the prayer to quash the FIR of Bariatu P.S. Case No. 280 of 2020 involving the offences punishable under Sections 143, 144, 147, 148, 341, 342, 504 and 506 of Indian Penal Code. (2025:JHHC:28661) Cr.M.P. No.2610 of 2020 2 3. The brief fact of the case is that the said Bariatu P.S. Case No. 280 of 2020 has been registered on the basis of written report submitted by the informant-opposite party no.2 alleging therein that the informant and the members of his society were having enmity with the petitioner and others. The petitioner and the co- accused-Bijay Kumar Sahu had the intention to grab the land of the society, of which the informant is a member. It is then alleged in the written report that on 04.10.2020 at 10:00 pm the co-accused -Bijay Kumar Sahu along with 40-45 persons armed with fire arms assaulted the guards of the society and remained near the gate and lift of the society and were restraining the members of the society from coming out of the society and were assaulting them also. 4. It is submitted by the learned counsel for the petitioner that the investigation of the case is still going on and charge sheet has not yet been submitted against the petitioner. It is next submitted by the learned counsel for the petitioner that in this criminal miscellaneous petition there is also reference of Bariatu P.S. Case No. 301 of 2019 which was lodged by the informant but in that case police after investigation of the case submitted Final Form and did not send up the petitioner for trial. It is then submitted by the learned counsel for the petitioner that all the allegation is against Bijay Kumar Sahu and 40-45 persons but there is absolutely no allegation against the petitioner in respect with the offences which allegedly took place on 04.10.2020 hence, the (2025:JHHC:28661) Cr.M.P. No.2610 of 2020 3 prayer as prayed for in this criminal miscellaneous petition be allowed. 5. Learned counsel for the State and the learned counsel for the opposite party no.2 opposes the prayer. 6. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that this case has been instituted specifically in respect of the occurrence which allegedly took place on 04.10.2020. Perusal of the FIR reveals that the co-accused-Bijay Kumar Sahu and 40-45 persons who accompanied him has committed the said offences, therefore, there is absolutely no allegation against the petitioner of committing any act or omission constituting any offence on 04.10.2020. 7. Under such circumstances, this Court is of the considered view that continuation of the criminal proceeding in connection with Bariatu P.S. Case No. 280 of 2020 will amount to abuse of process of law therefore this is a fit case where the FIR of Bariatu P.S. Case No. 280 of 2020 be quashed and set aside against the petitioner. 8. Accordingly, the FIR of Bariatu P.S. Case No. 280 of 2020 is quashed and set aside against the petitioner. 9. In the result, this criminal miscellaneous petition is allowed. 10. In view of the disposal of this criminal miscellaneous petition, the interim relief granted earlier vide order dated 05.07.2021 is vacated. (2025:JHHC:28661) Cr.M.P. No.2610 of 2020 4 11. Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th September, 2025 AFR/Sonu-Gunjan/-