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2025 DAILYLAW 29806 (JHR)

SANJEEV KUMAR v. THE STATE OF JHARKHAND

W.P.(Cr.)/1045/2023 · 2025-04-28

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:12678 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 1045 of 2023 Sanjeev Kumar, son of Sukhdeo Yadav, resident of village Dudhimati, P.O and P.S. Koderma, District- Koderma, Jharkhand . …... Petitioner. Versus State of Jharkhand. … Respondent(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): Mr. Sahil, Advocate. For the State Mr. Aditya Raman, AC to GA-III ------- 12/28.04.2025: Heard the learned counsel for the parties. In this writ petition, the petitioner has prayed for quashing of the FIR alongwith entire criminal proceeding arsing out of Koderma P.S. Case No. 267 of 2022 registered under Sections 420, 468, 471 IPC. There is an allegation that the petitioner has forged the character certificate and has tried to obtain the tender. It is alleged that the signature of the Superintendent of Police in Character Certificate was not actually that of the Superintendent of Police rather it is forged and on the aforesaid basis, Koderma P.S. Case No. 267 of 2022 has been registered for the offence under Sections 420, 468, 471 IPC against the petitioner. Counsel for the petitioner by referring some RTI statements submits that the petitioner had neither submitted any certificates nor the work of construction of the check dam was allotted to the petitioner, which falsifies the entire criminal case. From the FIR, it is clear that Officer-in-Charge, Koderma Police Station received a character certificate of this petitioner, duly signed by the Superintendent of Police. It is alleged that the signature is not of the Superintendent of Police and the same is forged. On that basis, the FIR has been lodged. The law in relation of quashing of FIR is well settled. It is settled that if, prima facie, the offence is made out, the FIR cannot be quashed. In this case, from bare perusal of the FIR, I find that the offence is made out, which needs investigation. Thus I am not inclined to quash the FIR. Accordingly, this writ petition is dismissed. Anu/-Cp2. (ANANDA SEN, J.)