Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:29270 )
1
Cr. M.P. No.2342 of 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.2342 of 2021
------
Rajendra Singh, S/o-Lal Narayan Singh, aged about 58 years, R/o- New Area, Dutta Lane, Morabadi, Post-GPO, Police Station-Bariatu, District-Ranchi-834009, Jharkhand.
… Petitioner
Versus
1. The State of Jharkhand, and
2. Ghashi Ram Pingua, son of Late Mahati Pingua, District Sub- Registrar, Ranchi, Department of Registration, Government of Jharkhand, resident of H.No.-144, Road No.04, Solanki Chowk, Hatia, P.O.-Hatia, P.S.-Dhurwa, Ranchi-834004.
3. Poonam Agarwal W/o-Alok Agarwal, R/o-Chatarpati Shivajee Marg, Harihar Singh Road, P.O.-Bariatu, P.S.-Bariatu, District- Ranchi.
4. Nishi Agarwal W/o-Vineet Agarwal, R/o-Chatarpati Shivajee Marg, Harihar Singh Road, P.O. & P.S.-Bariatu, District-Ranchi.
… Opposite Parties
------
For the Petitioner : Mr. Ashish Verma, Advocate For the State
: Mr. Satish Prasad, Addl.P.P. For the O.Ps
: Mr. A.K. Sahani, Advocate
: Mr. Pankaj Verma, Advocate
------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal
( 2025:JHHC:29270 )
2
Cr. M.P. No.2342 of 2021
proceeding including First Information Report in connection with Kotwali P.S. Case No.71 of 2021 for the offences punishable under Section 467, 468, 471, 120(B) and 420 of the Indian Penal Code of the Court of learned Chief Judicial Magistrate, Ranchi.
3. The allegation against the petitioner is that the petitioner purchased the property from the vendor Kalyani Chatterjee who sold the said land to the petitioner on the basis of right, title and interest accrued to her from her vendor Suniti Choudhary. It is alleged that the original vendor sold the property on the basis of annulled record of rights. On the basis of direction of the Deputy Commissioner, Ranchi in Fraudulent Registration Case no.28/2018-19, the District Sub-Registrar lodged written report with the police on the basis of which this case has been registered.
4.
Learned counsel for the petitioner submits that the co-ordinate bench of this Court in W.P.(C). No.1491 of 2021 vide judgement dated 22.04.2024 has held that the Registrar has no power to cancel the registered sale deed and the State Government cannot by an executive
order, confer such a power upon the Registrar and inter alia set aside the
order passed by the Deputy Commissioner, Ranchi in Fraudulent Registration Case No. 28/2018-19 and submits that in view of quashing of the same by the competent court of law, continuation of this criminal proceeding will amount to abuse of process of law, hence, it is submitted that the prayer as prayed for in this Cr.M.P., be allowed.
5. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand fairly submits that the order
( 2025:JHHC:29270 )
3
Cr. M.P. No.2342 of 2021
passed in Fraudulent Registration Case No. 28/2018-19 by the Deputy Commissioner, Ranchi on the basis of which the F.I.R. of this case has been registered has been quashed by a Coordinate Bench of this Court in W.P.(C) No. 1491 of 2021 vide Judgment dated 22.04.2024.
6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, in view of the undisputed fact that the basis upon which the F.I.R. of this case was registered that is the order passed by the Deputy Commissioner, Ranchi in Fraudulent Registration Case No. 28/2018-19 has already been quashed, hence, this Court has no hesitation in holding that the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law and this is a fit case where the First Information Report in connection with Kotwali P.S. Case No.71 of 2021 for the offences punishable under Section 467, 468, 471, 120(B) and 420 of the Indian Penal Code, be quashed and set aside
7. Accordingly, the First Information Report in connection with Kotwali P.S. Case No.71 of 2021 for the offences punishable under Section 467, 468, 471, 120(B) and 420 of the Indian Penal Code, is quashed and set aside.
8. In the result, this Cr.M.P., stands allowed.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 22nd of September, 2025 AFR/ Abhiraj