[2025:JHHC:34747] 1 Cr. M.P. No.328 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.328 of 2023 ------ Raj Kumar Prabhanjan @ Raju Prabhanjan, aged about 53 years, S/o Muni Lal Prabhanjan, R/o Budhidh, P.O. Dugdha, P.S. Dugdha, District Bokaro … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner :Mr. Santosh Kumar Soni, Advocate For the State : Mr. Shailendra Kumar Tiwari, Spl.PP ------ 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, 1973 with the prayer to quash the entire criminal proceeding arising out of the F.I.R. of Dugda P.S. Case No.12 of 2018 corresponding to G.R. No.292 of 2018 and also the order taking cognizance dated 08.01.2019 by which the learned S.D.J.M., Bermo at Tenughat differing from the Final Form submitted by the police for lack of evidence inter alia against the petitioner, took cognizance of the offence punishable under Section 306 of the Indian Penal Code against the petitioner. 3. The brief facts of the case is that police registered Dugda P.S. Case No.12 of 2018 on the basis of the written reported submitted by the father of the deceased namely Jitu Kumar, alleging therein that Jitu Kumar was working as a contractor and he used to take money from Suresh Mahto and as a guarantee against the loan taken by Jitu Kumar, [2025:JHHC:34747] 2 Cr. M.P. No.328 of 2023 Jitu Kumar handed over some blank cheques and the sale letter of the four-wheeler vehicles bearing registration No.JH10AG-0382. At the time of death of Jitu Kumar, a sum of Rs.2,00,000/- was due and payable by Jitu Kumar to Suresh Mahto but Suresh Mahto was demanding interest on the amount given by him to Jitu Kumar. The only allegation against the petitioner is that the petitioner is the member of group of Suresh Mahto. Police after investigation of the case, found lack of evidence and submitted Final Form. The learned S.D.J.M. basing upon the materials available in paragraphs 11, 13 of the case diary, in which the statement of two witnesses has been recorded and in paragraph 19 of the case diary where it has been mentioned about the diary belonging to Jitu Kumar, came to a conclusion that the same goes to show that the petitioner and his group indulged in dubious money lending to deceased on interest and blackmailed him and drove him to suicide and has taken cognizance of the offence punishable under Section 306 of the Indian Penal Code inter alia against the petitioner. 4. It is submitted by the learned counsel for the petitioner that the charge has not yet been framed and trial is yet to begin. It is further submitted by the learned counsel for the petitioner that the allegation against the petitioner is false. There is no specific overt act attributed to the petitioner, which could have led the deceased to commit suicide. It is then submitted that during the investigation of the case police did not find any material of abetment as is required under Section 107 of the Indian Penal Code and the learned S.D.J.M., in a mechanical manner, has taken cognizance of the offence punishable under Section 306 of the [2025:JHHC:34747] 3 Cr. M.P. No.328 of 2023 Indian Penal Code inter alia against the petitioner. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed. 5. Learned Spl.P.P. appearing for the State vehemently opposes the prayer and submits that the materials in the record are sufficient to constitute the offence punishable under Section 306 of the Indian Penal Code. Hence, it is submitted that this 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 it is a settled principle of law as has been held by the Hon’ble Supreme Court of India in the case of Ramesh Kumar Vs. State of Chhattisgarh reported in (2001) 9 SCC 618 wherein it was observed by the Hon’ble Supreme Court of India that to constitute instigation the act alleged must necessarily and specifically be suggestive of the consequences. A reasonable certainty to incite the consequences must be capable of being spelt out; more so a continued course of conduct is required, to create such circumstances, that the deceased was left with no other option but to commit suicide in which case an instigation may have been inferred. 7. Now coming to the facts of the case, the only allegation against the petitioner is that the petitioner is a member of group of the co- accused Suresh Mahto. Apart from that there is no specific act attributed to the petitioner which could have led the deceased to commit suicide. The main allegation is against the co-accused Suresh Mahto. 8. Under such circumstances, this Court is of the considered view that even if the entire allegations made against the petitioner as [2025:JHHC:34747] 4 Cr. M.P. No.328 of 2023 contained in the F.I.R. and case-diary are considered to be true in their entirety, still the offence punishable under Section 306 of the Indian Penal Code is not made out against the petitioner. Hence, continuation of this criminal proceeding against the petitioner will amount to abuse of process of law. Therefore, this is a fit case where the entire criminal proceeding arising out of the F.I.R. of Dugda P.S. Case No.12 of 2018 corresponding to G.R. No.292 of 2018 and also the order taking cognizance dated 08.01.2019 passed by the learned S.D.J.M., Bermo at Tenughat, be quashed and set aside qua the petitioner named above. 9. Accordingly, the entire criminal proceeding arising out of the F.I.R. of Dugda P.S. Case No.12 of 2018 corresponding to G.R. No.292 of 2018 and also the order taking cognizance dated 08.01.2019 passed by the learned S.D.J.M., Bermo at Tenughat, is quashed and set aside qua the petitioner named above. 10. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th of November, 2025 AFR/ Madhav Uploaded on 26/11/2025