(2025:JHHC:25829) 1 Cr. M.P. No.3848 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3848 of 2019 ------ Parwati Devi aged about 60 years, wife of Sri Nawal Kishore Singh, resident of village Jhikatia, Post office and police station Hunterganj, Dist.-Chatra (Jharkhand) Petitioner Versus 1. The State of Jharkhand 2. Narsingh Singh, son of Late Dudheshwar Singh, resident of village Jhikatia Khunti Kewal Khurd, Post Office and police station Hunterganj, Dist.-Chatra (Jharkhand) … Opposite Parties ------ For the Petitioner : Mr. A. N. Deo, Advocate Mr. Chatur Pd. Singh, Advocate Ms. Karishma Kumari, Advocate For the State : Mr. Suraj Deo Munda, Addl. P.P For the O.P. No.2 : None ------ 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 the criminal prosecution of the petitioner including the order dated 06.09.2019 in Complaint Case No.376 of 2019 passed by learned Judicial Magistrate, 1st Class, Chatra whereby and where under the learned Judicial Magistrate 1st Class, Chatra has taken cognizance of the offence punishable under Section 406 of the Indian Penal Code. 3. Though the O.P. No.2 has been appearing through lawyer but no one turns up on behalf of the O.P. No.2 in spite of repeated calls. (2025:JHHC:25829) 2 Cr. M.P. No.3848 of 2019 4. The brief fact of the case is that the husband of the petitioner got the land belonging to complainant transferred in the name of the petitioner. On the basis of the complaint, statement on solemn affirmation of the complainant and statement of the enquiry witnesses, the learned Judicial Magistrate 1st Class, Chatra has found prima facie case for the offence punishable under Section 406 of the Indian Penal Code. It is next submitted that the allegation against the petitioner is false. It is then submitted that even if the entire allegation made against the petitioner is considered to be true in its entirety, still the offence punishable under Section 406 of the Indian Penal Code is not made out. Hence, it is submitted the prayer as prayed for by learned counsel for the petitioner be allowed. 5. On the other hand, learned Addl.P.P. appearing for the State vehemently oppose the prayer of the petitioner and submits that there are sufficient materials in the record to show that the offence punishable under Section 406 of the Indian Penal Code is made out against the petitioner, hence, it is submitted that the instant Cr.M.P. being without any merit be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that, the essential ingredients to constitute the offence punishable under Section 406 of the Indian Penal Code are that:- (i) There must be entrustment; and (ii) There must be misappropriation or conversion to one’s own use or use in violation of a legal direction or of any legal contract, as has been held (2025:JHHC:25829) 3 Cr. M.P. No.3848 of 2019 by the Hon’ble Supreme Court of India in the case of Ram Narayan Popli vs. Central Bureau of Investigation reported in (2003) 3 SCC 641. 7. Now coming to the facts of this case, there is no allegation of entrustment of any property to the petitioner by the complainant nor there is any allegation of dishonest misappropriation of any property by the petitioner. 8. Under such circumstances, this Court of the considered view that even if the entire allegation made against the petitioner is considered to be true in its entirety still none of the offence in respect of which the learned Magistrate has found prima facie case is made out against the petitioner. Hence, the continuation of the criminal proceeding as against the petitioner will amount to abuse of the process of law. Therefore, this is a fit case where the criminal prosecution of the petitioner including the order dated 06.09.2019 in Complaint Case No.376 of 2019 passed by learned Judicial Magistrate, 1st Class, Chatra be quashed and set aside against the petitioner. 9. Accordingly, the criminal prosecution of the petitioner including the order dated 06.09.2019 in Complaint Case No.376 of 2019 passed by learned Judicial Magistrate, 1st Class, Chatra is quashed and set aside qua the petitioner. 10. Accordingly, the instant Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 28th of August, 2025 AFR/ Rohit