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2025 DAILYLAW 32585 (JHR)

VIJAY KACHHAP v. THE STATE OF JHARKHAND

Cr.M.P./3922/2022 · 2025-12-06

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:37287] 1 Cr. M.P. No.3922 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3922 of 2022 ------ Vijay Kachhap, Aged about 33 years, Son of Bishuva Kachhap, Resident of village Latenga Toli, Near Sambhavi Apartment, Latma, P.O. Hatia, P.S. Jagarnathpur, District Ranchi (Jharkhand) … Petitioner Versus 1. The State of Jharkhand 2. Matlub Ansari, Son of Late Jaharuddin Ansari, Resident of village – Anjuman Mohalla, Ward No. 15, Lohardaga, P.O. P.S. Lohardaga, District Lohardaga. … Opposite Parties ------ For the Petitioner : Mrs. Ganga Kumari Kachhap, Advocate For the State : Mr. Achinto Sen, Addl.P.P. For the OP No.2 : Mr. Sanjay Kumar Pandey, 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 the prayer to quash the First Information Report of Doranda P.S. Case No. 75 of 2021 and the entire criminal proceeding in connection with the said case which is now pending in the court of learned Judicial Magistrate-1st Class- XIII, Ranchi. 3. Learned counsel for the petitioner submits that the investigation of the case is going on and charge sheet has not been submitted in this case. [2025:JHHC:37287] 2 Cr. M.P. No.3922 of 2022 4. The allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons was involved in the offence of cheating and forgery for the purpose of cheating by using a forged document as genuine one. On the basis of the written report submitted by the informant, police registered Doranda P.S. Case No. 75 of 2021. The investigation of the case is going on. 5. Learned counsel for the petitioner submits that the allegation against the petitioner is false. There is an inordinate delay of seven years in lodging the First Information Report. It is next submitted that the dispute is at best a civil dispute. No civil suit has been filed claiming right, title and interest by the informant. Even after the entire allegations made against the petitioner are considered to be true in their entirety, still no offence is made out against the petitioner. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 6. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in this Criminal Miscellaneous Petition and submit that if the entire allegations made in the FIR are considered to be true in their entirety, all the offences in respect of which the FIR has been registered, is made out against the petitioner. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court [2025:JHHC:37287] 3 Cr. M.P. No.3922 of 2022 finds that the only allegation against the petitioner is that the petitioner was the witness of a sale-deed executed by Ashok Mahto in favour of Shrimati Shristi Kumari. There is no allegation of any impersonation of the vendor- Ashok Mahto. There is also no allegation against the petitioner of cheating anybody or creating any false document and in the absence of the same, this Court is of the considered view that even if the entire allegations made against the petitioner are considered to be true in their entirety, still none of the offences in respect of which this FIR has been registered, is made out against the petitioner. Hence, the continuation of the criminal proceeding against the petitioner will amount to abuse of process of law. Therefore, this is a fit case where the First Information Report of Doranda P.S. Case No. 75 of 2021 and the entire criminal proceeding in connection with the said case, now pending in the court of learned Judicial Magistrate-1st Class- XIII, Ranchi be quashed and set aside qua the petitioner only. 8. Accordingly, the First Information Report of Doranda P.S. Case No. 75 of 2021 and the entire criminal proceeding in connection with the said case, now pending in the court of learned Judicial Magistrate- 1st Class- XIII, Ranchi is quashed and set aside qua the petitioner only. 9. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 06th of December, 2025 AFR/ Saroj Uploaded on 15/12/2025