[ 2025:JHHC:26311] 1 Cr.M.P. No. 513 of 2021 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 513 of 2021 1. Gautam Kumar Singh, aged about 34 years, S/o Ashok Singh, 2. Puja Singh, aged about 30 years, W/O- Gautam Kumar Singh, Both Resident of Village- Kadma No. 2, Ram Nagar, Hazaribag, P.O. & P.S. Katkamdag, Dist. Hazaribag. 3. Anil Kumar Singh, aged about 55 years, S/O- Late Chandradeep Singh, Resident of Village Rewali, P.O. & P.S.- Katkamdag, Dist. Hazaribag ....... Petitioners Versus 1. The State of Jharkhand 2. Uday Pandey, S/O Late- Ramchandra Pandey, Resident of Village Kadma No. 2, Ram Nagar, Hazaribag, P.O. & P.S.- Katkamdag, Dist. Hazaribag.….. Opposite Parties For the Petitioners : Mr. Virendra Kumar, Adv. Mr. Prakash Chandra, Adv. For the State : Mr. Pankaj Kr. Mishra, Addl. PP For the O.P. No. 2 : Mr. Ashish Jha Adv. 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 CrPC with a prayer for quashing and setting aside the entire criminal proceeding as well as the order taking cognizance dated 06.04.2019 passed by SDJM, Hazaribagh in connection with Complaint Case no. 2335 of 2018 whereby and whereunder, learned SDJM, Hazaribagh found prima facie case for the offences punishable under Sections 406, 420 and 323 of the IPC. 3. The allegation against the petitioner is that the petitioner committed theft of articles kept in the shop of the informant and demanded Rs. 5,00,000/- for settlement of the dispute and assaulted the family members of the complainant. It is next [ 2025:JHHC:26311] 2 Cr.M.P. No. 513 of 2021 submitted that the allegation against the petitioner is false and there is no allegation of any cheating or criminal breach of trust even if the entire allegations are considered to be true in their entirety and there is no allegation as to whom the hurt was caused and who caused the hurt and in the absence of the same, the offence punishable under Sections 323 of IPC is not made out. 4. It is next submitted by learned counsel for the petitioner that the complaint has been filed in shape of retaliation to Katkamdag P.S. case no. 73 of 2018 lodged by the son of the petitioner no. 3, namely Rahul Kumar Singh registered inter alia for the offence punishable under Sections 307 of IPC against the complainant. It is next submitted that this Complaint Case no. 2335 of 2018 has been filed on 10.12.2018, after filing of the Original Title Suit no. 62 of 2018 on 11.04.2018, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned Addl. PP and learned counsel for the Opp. Party no. 2 on the other hand vehemently oppose the prayer of the petitioners and submits that there is allegation against the petitioners of committing criminal breach of trust and cheating besides causing hurt 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 materials available in the record, it is pertinent to mention here that there is no allegation of cheating against the petitioners and in the absence of the same the offence punishable under Section 420 of IPC is not made out. Further there is no allegation against the petitioners of committing any criminal breach of trust and in the absence of the same the offence punishable under Section 406 of IPC is not made out. There is no specific allegation against the petitioners as to whom the hurt was caused and who caused the hurt and in the absence of the same the offence punishable under Section 323 of IPC is not made out. In view of the discussions made above, this Court is of the considered view that as none of the offences in respect of which, [ 2025:JHHC:26311] 3 Cr.M.P. No. 513 of 2021 learned SDJM, Hazaribagh has found prima facie case in the order dated 06.04.2019, in connection with Complaint Case no. 2335 of 2018 is made out against the petitioner. Hence, this Court is of the considered view that 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 as well as the order taking cognizance dated 06.04.2019 passed by SDJM, Hazaribag in connection with Complaint Case no. 2335 of 2018 be quashed and set aside qua the petitioners. 7. Accordingly, the entire criminal proceeding as well as the order taking cognizance dated 06.04.2019 passed by SDJM, Hazaribag in connection with Complaint Case no. 2335 of 2018, is quashed and set aside qua the petitioners. 8. In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 26th August, 2025 Smita /AFR