( 2025:JHHC:33950 ) Cr.M.P. No.1839 of 2023 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1839 of 2023 Ranjit Kumar Singh @ Ranjeet Kumar, aged about 43 years, S/o Raghunath Prasad Singh, working for gain as Branch Manager, Tata Motors Finance Limited, Bokaro, R/o Sultanpur, Near DAV School, Danapur, P.O. Khagaul & P.S. Danapur, District –Patna, State –Bihar - 801503. .... Petitioner Versus 1. The State of Jharkhand 2. Sumit Mishra, S/o Nipen Mishra, aged about 31 years, R/o Mishra Site, Phusro Road, Jaina More, P.O. Jaina, Thana – Jaridih, District –Bokaro -829301. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Bharat Kumar, Advocate : Ms. Shivangi Mishra, Advocate For the State : Mr. Fahad Allam, Addl. P.P. For the O.P. No.2 : Mr. Mukesh Kumar, Advocate : Mr. Kumar Baibhav, Advocate ….. By the Court:- 1. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the entire criminal proceedings as against the petitioner including the order taking cognizance dated 28.09.2022, passed by the learned Chief Judicial Magistrate, Bokaro in Complaint Case No. 201 of 2021 by which the learned Chief Judicial Magistrate, Bokaro has found prima facie case for the ( 2025:JHHC:33950 ) Cr.M.P. No.1839 of 2023 2 offence punishable under Section 323/504 of the Indian Penal Code inter-alia against the petitioner. 3. It is submitted by the learned counsel for the petitioner that the trial of the case has not yet begun as the co-accused –Pracheta Mishra has not yet appeared before the learned trial court. 4. The brief fact of the case is that the petitioner is the Branch Manager of Tata Motors Finance Limited and with the finance from Tata Motors Finance Limited, the co-accused –Pracheta Mishra purchased a truck in which the complainant was the guarantor. The co-accused –Pracheta Mishra defaulted in payment of the instalments and on 21.02.2021 at 03:30 P.M. when the complainant met the co-accused –Pracheta Mishra in a Sweetmeat Store and asked him as to why he is not paying the instalment dues of the truck, the co-accused –Pracheta Mishra abused and assaulted the complainant. On the basis of the complaint, statement of the complainant under solemn affirmation and statement of the inquiry witnesses, the learned Chief Judicial Magistrate, Bokaro has found prima-facie case inter-alia against the petitioner as already indicated above. 5. It is submitted by the learned counsel for the petitioner that that the allegation of committing the offence punishable under Section 323/504 of the Indian Penal Code is against the co-accused – Pracheta Mishra and there is absolutely no allegation against the petitioner in that respect. Hence, it is submitted that the learned Chief Judicial Magistrate, Bokaro has committed a grave illegality ( 2025:JHHC:33950 ) Cr.M.P. No.1839 of 2023 3 by taking cognizance of the offence against the petitioner also. Hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition be allowed. 6. The learned Addl. P.P. appearing for the State and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition. 7. Having heard the submissions made at the Bar and after going through the materials in the record, this Court finds that there is absolutely no allegation against the petitioner so far as the offence punishable under Section 323 or 504 of the Indian Penal Code is concerned and the same is only against the co-accused –Pracheta Mishra. 8. Under such circumstances, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Bokaro has committed a grave illegality in finding prima-facie case for the offence punishable under Section 323/504 of the Indian Penal Code against the petitioner also. Therefore, continuation of this criminal proceeding against the petitioner will amount to abuse of process of law. Hence, this is a fit case where the entire criminal proceedings as against the petitioner including the order taking cognizance dated 28.09.2022, passed by the learned Chief Judicial Magistrate, Bokaro in Complaint Case No. 201 of 2021 by which the learned Chief Judicial Magistrate, Bokaro has found prima facie case for the offences punishable under Section 323/504 of the ( 2025:JHHC:33950 ) Cr.M.P. No.1839 of 2023 4 Indian Penal Code inter-alia against the petitioner, be quashed and set aside qua the petitioner. 9. Accordingly, the entire criminal proceedings as against the petitioner including the order taking cognizance dated 28.09.2022, passed by the learned Chief Judicial Magistrate, Bokaro in Complaint Case No. 201 of 2021 by which the learned Chief Judicial Magistrate, Bokaro has found prima facie case for the offences punishable under Section 323/504 of the Indian Penal Code inter-alia against the petitioner, is quashed and set aside qua the petitioner. 10. In the result, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 11th November, 2025 AFR/Sonu-Gunjan/- Uploaded on 17/11/2025