( 2025:JHHC:17577 ) 1 Cr.M.P. No.3577 of 2023 with Cr.M.P. No. 3625 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3577 of 2023 Vivek Vijay Bhide, aged about 53 years, S/o –Vijay Bhide, R/o – Grasim Industries Ltd., Chemical Division, Rehala, P.O. & P.S. – Rehala, District –Palamau, Jharkhand. .... Petitioner Versus 1. The State of Jharkhand 2. Md. Musharaf Hussain, aged about 25 years, S/o –Md. Masir Khalifa, R/o –Draji Mohalla, P.O. & P.S. –Bishrampur, District – Palamau, Jharkhand. …. Opp. Parties With Cr.M.P. No. 3625 of 2023 Brajesh Kumar, aged about 44 years, S/o –Vikram Singh Kushwaha, R/o –Grasim Industries Ltd, Chemical Division, Rehala, P.O. & P.S. – Rehala, District-Palamau, Jharkhand. .... Petitioner Versus 1. The State of Jharkhand 2. Md. Musharaf Hussain, aged about 25 years, S/o –Md. Masir Khalifa, R/o –Draji Mohalla, P.O. & P.S. –Bishrampur, District – Palamau, Jharkhand. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Dhananjay Kr. Pathak, Advocate : Mr. Shashi Kant Mishra, Advocate : Ms. Shaurya Dwivedi, Advocate For the State : Mr. P.D. Agrawal, Spl. P.P. : Mr. Rajesh Kumar, Addl. P.P. For the Opp. No.2 : Ms. Nanda Kumari, Advocate : Mr. Binod Kumar, Advocate ….. ( 2025:JHHC:17577 ) 2 Cr.M.P. No.3577 of 2023 with Cr.M.P. No. 3625 of 2023 By the Court:- 1. Heard the parties. 2. Since both these criminal miscellaneous petitions have arisen out the same case and the same prayer has been made in both the criminal miscellaneous petitions, hence both the criminal miscellaneous petitions are disposed of by this common judgment. 3. These criminal miscellaneous petitions have been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding including the order dated 03.05.2023, passed by the learned Judicial Magistrate -1st Class, Palamau in Complaint Case No. 1067 of 2021 whereby and where under, the learned Magistrate has taken cognizance of the offences punishable under Section 120B and 420 of the Indian Penal Code. 4. The brief facts of the case is that the petitioner of Cr.M.P. No. 3577 of 2023 namely Vivek Vijay Bhide being the Unit Head and the petitioner of Cr.M.P. No. 3625 of 2023 namely Brajesh Kumar being the Financer of the company, in the name and style of Grasim Industries, dishonestly and fraudulently induced the complainant to deliver “Fly Ash Blocks preparing machine”, worth 32-35 lakhs by alluring him to supply raw materials such as fly ash, water, electricity and to give other benefits and to purchase the fly ash blocks and initially supplied the raw ( 2025:JHHC:17577 ) 3 Cr.M.P. No.3577 of 2023 with Cr.M.P. No. 3625 of 2023 materials and purchased some fly ash but thereafter have illegally retained the said “fly ash blocks making machine” of the complainant. On the basis of the complaint, statement of the complainant under solemn affirmation and the statement of the inquiry witnesses, the learned Judicial Magistrate -1st Class, Palamau has found prima-facie case for the offences punishable under Section 120B and 420 of the Indian Penal Code. 5. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are false and the petitioners have been given the privilege of anticipatory bail. It is next submitted that Grasim Industries Limited has its own block making facility. It is then submitted that the guidelines laid down by the Hon’ble Supreme Court of India, in para-102 of the case of State of Haryana and Others Vs. Bhajanlal and Others, reported in 1992 Supp (1) SCC 335 is attracted in this case and the allegations made in the complaint are absurd, inherent and improbable. Hence, it is submitted that the prayer as prayed for by the petitioners in these criminal miscellaneous petitions be allowed. 6. The learned Spl. P.P., Addl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer as prayed for by the petitioners in these criminal miscellaneous petitions and submits that the contention of the petitioners that the allegation made against the petitioners are ( 2025:JHHC:17577 ) 4 Cr.M.P. No.3577 of 2023 with Cr.M.P. No. 3625 of 2023 false is a defence which the petitioners can take during the trial of the case but for that reason certainly, the entire criminal proceeding ought not to be quashed. It is next submitted that there is no absurdity in the case of the complainant and the same is very much probable and has in fact happened, so the ratio of the Judgment of the Hon’ble Supreme Court of India in the case of State of Haryana and Others Vs. Bhajanlal and Others (supra) is not attracted to the facts of this case. Hence, it is submitted that these criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that there is direct and specific allegation against the petitioners that the petitioners dishonestly and fraudulently induced the complainant to part with a “fly ash block making machine”, worth several lakhs by alluring him to supply raw materials and to purchase his product i.e. fly ash blocks. The petitioners have not disputed the fact that they have purchased fly ash blocks from the complainant for few months. Under such circumstances, this Court is of the considered view that there is no absurdity or improbability in the case of the complainant. Hence, the ratio of the judgment of the Hon’ble Supreme Court of India in the case of State of Haryana and Others Vs. Bhajanlal and Others (supra) is not attracted to the facts of the case. If the entire ( 2025:JHHC:17577 ) 5 Cr.M.P. No.3577 of 2023 with Cr.M.P. No. 3625 of 2023 allegations made against the petitioners are considered to be true, certainly the ingredients of the offence punishable under Section 420 read with 120B of the Indian Penal Code is made out against each of the petitioners as there is allegation of deception of the complainant by dishonest and fraudulent inducement and parting with fly ash block making machine of the complainant and not allowing him to take it back from the premises of the petitioners. 8. Under such circumstances, this Court is of the considered view that this is not a fit case where the entire criminal proceeding including the order dated 03.05.2023, passed by the learned Judicial Magistrate -1st Class, Palamau in Complaint Case No. 1067 of 2021 be quashed and set aside in exercise of the power under Section 482 of the Cr.P.C. 9. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th June, 2025 AFR/Sonu-Gunjan/-