[2025:JHHC:37908] 1 Cr. M.P. No.3628 of 20225 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3628 of 2025 ------ 1. Rina Devi @ Rina Singh, aged about 66 years, wife of Maharana Pratap Singh 2. Maharana Pratap Singh, aged about 70 years, son of late Satyendra Prasad Both resident of village Chandpur, P.O. and P.S. Mehrma, District- Godda, Jharkhand. … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. Chandrajit Mukherjee, Advocate For the State : Mr. Subodh Kumar Dubey, Addl.P.P. ------ 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 528 of the B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding including the order dated 03.10.2019 passed by the learned Chief Judicial Magistrate, Godda in connection with Complaint Case No. 875 of 2017 whereby and where under the learned Chief Judicial Magistrate, Godda has taken cognizance of the offences punishable under Sections 406, 420/34 of the Indian Penal Code inter alia against the petitioners. [2025:JHHC:37908] 2 Cr. M.P. No.3628 of 20225 3. Learned counsel for the petitioners submits that the charge has not yet been framed in this case and trial is yet to begin. It is next submitted that admittedly, the petitioner No.1 is the daughter and the petitioner No.2 is the son-in-law of the complainant but the complainant has died on 05.04.2022 before filing of this Criminal Miscellaneous Petition. 4. The allegation against the petitioners is that the petitioners are claiming that the complainant has gifted his property to them but which is not a fact. 5. Learned counsel for the petitioners next submits that the allegation against the petitioners is false. It is then submitted that there is no allegation against the petitioners either of deceiving or dishonestly inducing the complainant or anyone else to part with any property and in the absence of the same, the offence punishable under Section 420 of the Indian Penal Code is not made out against the petitioners. It is also submitted that there is also no allegation against the petitioner of entrustment or dishonest misappropriation of any entrusted property, hence, the offence punishable under Section 406 of the Indian Penal Code is not made out against the petitioners. 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 on the other hand vehemently opposes the prayer of the petitioners made in this Criminal Miscellaneous Petition and submits that there are sufficient materials available in the record to constitute both the offences [2025:JHHC:37908] 3 Cr. M.P. No.3628 of 20225 punishable under Section 406 of the Indian Penal Code as well as the offence punishable under Section 420 of the Indian Penal Code against the petitioners. 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, it is pertinent to mention here that the essential ingredients to constitute the offence punishable under Section 420 of the Indian Penal Code are as under:- (a) Deceit, that is to say dishonest or fraudulent misrepresentation; and (b) Inducing the person deceived to part with property; as has been held 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. 8. Now coming to the facts of the case, there is absolutely no allegation against the petitioners of playing deception or deceiving the complainant or inducing him to part with any property. Under such circumstances, this Court is of the considered view that even if the entire allegations made against the petitioners are considered to be true in their entirety, still the offence punishable under Section 406 of the Indian Penal Code is not made out against the petitioners. 9. So far as the offence punishable under Section 406 of the Indian Penal Code is concerned, the essential ingredients to constitute the [2025:JHHC:37908] 4 Cr. M.P. No.3628 of 20225 offence punishable under Section 406 of the Indian Penal Code are as under:- (i) There must be an entrustment, and (ii) there must be misappropriation or conversion to one’s own use or use in violation by legal direction or of any legal contract. as has been held 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. 10. Now coming to the facts of the case, there is absolutely no allegation against the petitioners of either any entrustment of any property or dishonest misappropriation of any property and in the absence of the same, this Court is of the considered view that even if the entire allegations made against the petitioners are considered to be true in their entirety, still the offence punishable under Section 406 of the Indian Penal Code is not made out against the petitioners. 11. In view of the discussions made above, as neither the offence punishable under Section 406 of the Indian Penal Code nor the offence punishable under Section 420 of the Indian Penal Code is made out against the petitioners, therefore, this Court has not hesitation in holding that the continuation of the criminal proceeding against the petitioner will amount to abuse of process of law. Hence, this is a fit case where the entire criminal proceeding including the order dated 03.10.2019 passed by the learned Chief Judicial Magistrate, Godda in connection with Complaint Case No. 875 of 2017, be quashed and set aside qua the petitioners only. [2025:JHHC:37908] 5 Cr. M.P. No.3628 of 20225 12. Accordingly, the entire criminal proceeding including the order dated 03.10.2019 passed by the learned Chief Judicial Magistrate, Godda in connection with Complaint Case No. 875 of 2017, is quashed and set aside qua the petitioners only. 13. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 15th of December, 2025 AFR/ Saroj Uploaded on 23/12/2025