Extracted from the PDF above. The PDF is authoritative.
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Cr. M. P. No. 2926 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 2926 of 2023
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Ranjit Kumar, age of 40 years, s/o Rishi Kumar Verma, r/o Chhariyari, PO – Chhariyari, PS – Makhdumpur, District- Jehanabad, Bihar. …
… Petitioner
Versus
1. The State of Jharkhand. 2. Ravi Kumar Chouhan @ Shera s/o Rajesh Chouhan, r/o Mohan Nagar, near Durga Mandir, PO & PS – Khelari, District- Ranchi. …
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Opp. Parties
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For the Petitioner : Mr. Birendra Burman, Advocate For the State
: Ms. Amrita Kumari, Addl. P.P. For the Opp. No. 2 : Mr. Ayush Kumar Verma, 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 Curt under Section 482 of the Cr.P.C. with the prayer to quash the order dated 11.07.2023 passed by learned Sub Divisional Judicial Magistrate, Ranchi in Complaint Case No. 9600 of 2022 whereby and whereunder the learned Sub Divisional Judicial Magistrate has dismissed the complaint petition filed by the petitioner. 3. The brief fact of this case is that the petitioner is the owner of the Truck which was hired by the Opposite Party No. 2 for transportation of coal but the Opposite Party No. 2 cheated the
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Cr. M. P. No. 2926 of 2023
petitioner by giving forged documents of the coal loaded in the Truck as genuine document and ultimately, the Truck was apprehended by Police and the driver of the vehicle of the petitioner was arrested and put in judicial custody for a considerable period of time. Hence, the petitioner has also been made accused in the said Khallari P.S. Case No. 19 of 2022. The petitioner filed a Complaint Case No. 9600 of 2022 subsequent to registration of Khallari P.S. Case No. 19 of 2022. The learned Sub Divisional Judicial Magistrate, Ranchi considered that since the Opposite Party No. 2 is an accused in Khallari P.S. Case No. 19 of 2022 for the self-same allegations; which allegations have also been made in the complaint Case and Khallari P.S. Case No. 19 of 2022 was instituted prior to institution of the complainant case, hence, there is no justification for proceeding with another case for the self-same occurrence. 4.
It is submitted by the learned counsel for the petitioner that the impugned order is not sustainable in law as the same has been passed without appreciating the materials available on record and at the time of issuing summons, the learned Magistrate was not expected to look for evidence of such a case to ensure a conviction. Hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition, be allowed. 5. Learned Addl. P.P. and learned counsel for the Opposite Party No. 2 on the other hand vehemently opposed the contention of the
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Cr. M. P. No. 2926 of 2023
petitioner and submitted that the undisputed fact remains that for the self-same occurrence for which the petitioner filed Complaint Case No. 9600 of 2022 in the Court of learned Sub Divisional Judicial Magistrate, Ranchi, Police already registered Khallari P.S. Case No. 19 of 2022 prior to the institution of the Complaint Case. The undisputed fact remains that the Opposite Party No. 2 is an accused of Khallari P.S. Case No. 19 of 2022. It is next submitted that it is a settled principles of law that for one offence subsequent complaint or FIR is not to be entertained. Therefore, no illegality has been committed by the learned Sub Divisional Judicial Magistrate in dismissing the complaint. Hence, it is submitted that this criminal miscellaneous petition, being without any merit, be dismissed. 6.
Having heard the submissions made at the bar and after going through the materials available on record, this Court finds that the undisputed fact remains that for the self-same occurrence as alleged in Complaint Case No. 9600 of 2022 filed by the petitioner in the Court of learned Sub Divisional Judicial Magistrate, Ranchi, Khallari P.S. Case No. 19 of 2022 was already registered and the Opposite Party No. 2 who was the proposed accused person of Complaint Case No. 9600 of 2022, is an accused person of Khallari P.S. Case No. 19 of 2022. 7. Under such circumstances, this Court do not find any illegality in the impugned order passed by the learned Sub Divisional Judicial
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Cr. M. P. No. 2926 of 2023
Magistrate, Ranchi by dismissing the complaint in view of the settled principle of law that for the self-same occurrence, more than one FIR or complaint is not desirable. 8. Accordingly, this Court do not find any justifiable reason to accede to the prayer of the petitioner as made in this criminal miscellaneous petition. Therefore, this criminal miscellaneous petition being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated:-03rd December 2025 AFR/ Aditi Uploaded On - 15/12 /2025