(2026:JHHC:3846) 1 Cr. M.P. No. 3802 of 2017 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 3802 of 2017 1. Jago Hazra, S/o Late Boddhi Hazra 2. Sito Hazra, S/o Late Boddhi Hazra 3. Mahendra Hazra, s/o Boddhi Hazra 4. Dholo Hazra, s/o Boddhi Hazra 5. Devanand Hazra, s/o Jago Hazra 6. Shiba Hazra aliasShiv Shankar Hazra s/o Jago Hazra 7. Bharat Hazra, s/o Jago Hazra 8. Murli Hazra alias Mujrari Hazra, s/o Dholo Hazra 9. Bhola Hazra, s/o-Late Indo Hazra 10. Manejar Hazra alias Manijar Hazra, s/o Bhola Hazra 11. Shyam Sundar Hazra, s/o Late Bhola Hazra 12. Nilkanth Hazra, s/o late Bhola Hazra 13. Gauri Shankar Barnwal, s/o Late Gokhul Modi 14. Shankar Barnwal alias Shankar Modi, s/o Late Kishun Modi 15. Sikander Barnwal alias Sikandar Kumar, s/o Shankar Barnwal 16. Jawahar Sao, s/o Late Wazir Sao 17. Biltu Sao, s/o Late Wazir Sao 18. Sahdeo Sao, s/o late Degan Sao 19. Prakash Sao, s/o Sahdeo Sao 20. Jago Sao, s/o Late Bhikho Sao 21. Gobardhan Sao, s/o Jago Sao 22. Sukhdeo Sao, s/o Late Budhan Sao 23. Arjun Sao alias Sao Arjun, s/o Sukdeo Sao 24. Nandlal Sao, s/o Biltu Sao 25. Samundar Sao, s/o Huro Sao 26. Nunulal Sao, s/o Huro Sao 27. Babulal Sao, s/o Huro Sao 28. Brahmdev Modi, s/o late Shobi Modi 29. Dilip Modi alias Dilip Kumar Barnwal, s/o Brahmdev Modi 30. Dindayal Modi, s/o Raju Modi 31. Subhash Modi alias Subhash Kumar s/o Dindayal Modi 32. Pappu Modi alias Pradip Barnwal, s/o Dindayal Modi 33. Permanand Modi alias Permanand Modi, s/o Late Ishwar Modi (2026:JHHC:3846) 2 Cr. M.P. No. 3802 of 2017 34. Shambhu Modi, s/o Ishwar Modi 35. Shyam Sundar Modi alias Shyam Sundar Lal Barnwal, s/o late Lakshmi Lal Modi 36. Vipin Modi alias Bipin Modi, s/o Shyam Sundar Modi 37. Chiranjivi Modi @ Chiranjivi Lal, s/o late Lakshmi lal Modi 38. Dhapru Rai, s/o Kheman Rai 39. Suresh Rai alias Suresh Rajwar, s/o Dhapru Rai 40. Bijay Modi alias Bijay Kumar, s/o Bal Mukund Modi 41. Baso Modi, s/o late Shobi Modi 42. Ramchandra Modi alias Ram Chandra Kumar, s/o Baso Modi 43. Sachidanand Modi alias Sachidanand Prasad Barnwal, s/o Late Ishwar Modi 44. Lochan Hazra, s/o late Thammi Hazra 45. Thakur Hazra, s/o Late Thammi Hazra 46. Lukhan Hazra, s/o late Indo Hazra All resident of Village Bhelwaghati, P.O. and P.S. Bhelwaghati, District Giridih ... Petitioners Versus 1. State of Jharkhand 2. Samid Ansari, S/o late Jainul Mia, Resident of Village Bhelwaghati, P.O. and P.S. Bhelwagahati, District- Giridih ... Opposite Parties --------- For the Petitioners: Mr. Prashant Pallav, Advocate For the State: Mr. Bhola Nath Ojha, Spl. P.P. For the O.P. No.2: Mr. Vijay Kumar Roy, Advocate --------- PRESENT HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. I.A. No. 523 of 2026 Learned counsel for the petitioner submits that interlocutory application being I.A. No. 523 of 2026 has been filed with prayer to delete the name of the petitioner Nos. 13, 26 and 37 who have died on (2026:JHHC:3846) 3 Cr. M.P. No. 3802 of 2017 06.03.2025, 26.03.2018 and 16.10.2018 respectively during the pendency of the case. Considering the aforesaid fact, prayer is allowed. Registry is directed to delete the name of petitioner Nos. 13, 26 and 37 in the cause title of the Cr.M.P. with red ink. I.A. No. 523 of 2026 is disposed of accordingly. (Anil Kumar Choudhary, J.) Cr. M.P. No. 3802 of 2017 2. Though notice has validly been served upon O.P.No.2 but no one turns up on behalf of the O.P. No.2 after repeated calls. 3. 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 order dated 25.07.2017, whereby and whereunder the learned Judicial Magistrate Giridih has taken cognizance of the offences in complaint case no. 1508 of 2015., T.R. No. 127 of 2017. 4. The brief facts of the case is that the petitioners wanted to construct a boundary wall over a gairmajruwa land which was objected to by the complainant party and the petitioners being members of the unlawful assembly armed with deadly weapons tress- passed to the house of the complainant and the members of his group pulled out the children and the females from there and assaulted them badly and outraged the modesty of the women by tearing their (2026:JHHC:3846) 4 Cr. M.P. No. 3802 of 2017 blouses and clothes which made them semi-nude. They broke the door and utensils and also took away utensils worth Rs.40,000/- and threatened to kill the complainant and his family members. The complainant filed a complaint in the Court of the Chief Judicial Magistrate, Giridih which was referred to the concerned police station under Section 156(3) of the Cr.P.C for registration of the First Information Report and accordingly, Bhelwaghati P.S. case no.33 of 2014 was registered. After the investigation of the case police found the allegations against the petitioners to be not true and submitted Final Report and did not send up the petitioners for trial. Thereafter, the petitioners filed protest-cum-complaint case no. 1508 of 2015.On the basis of the petitioners’ protest-cum-complaint, the statement of the complainant on solemn affirmation and statement of the inquiry witnesses the learned Judicial Magistrate found prima facie case for the offences punishable under Sections 147, 148, 149, 323, 341, 447, 427, 379 and 354A of the Indian Penal Code and passed the summoning order against the petitioners. 5. The learned counsel for the petitioners submits by relying upon the judgments of Coordinate Benches of this Court in Cr.M.P. No. 2744 of 2013 vide order dated 27.11.2019 as well as the order dated 23.09.2021 passed in Cr.M.P. No. 1511 of 2014 that in both cases the orders passed by the learned Magistrate were non speaking order by which summoning order was passed, the Coordinate Benches of this Court accordingly quashed the same. It is next submitted that in this (2026:JHHC:3846) 5 Cr. M.P. No. 3802 of 2017 case also the summoning order passed, is not a speaking order. It is next submitted that the allegation made against the petitioners is false. The investigation was not done fairly and this is a case of malicious prosecution, hence the prayer as prayed for by the petitioners in this criminal miscellaneous petition, be allowed. 6. The learned Spl. P.P. on the other hand vehemently opposed the prayer and submitted that the undisputed fact remains that if the contents of the protest-cum-complaint, statement of the complainant on Solemn Affirmation and statement of inquiry witness are considered to be true in their entirety then all the offences in respect of which the learned Judicial Magistrate found prima facie case, has been made out. It is next submitted that the order by which the learned Magistrate has issued summon is a speaking order, in which the learned Magistrate has discussed in details all the materials, basing upon which, it has formed the opinion that there is prima facie case for the offences involved, as mentioned earlier against the petitioners, hence this criminal miscellaneous petition being without any merit, be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials in the record, this Court finds that the sole ground upon which the petitioners pray to quash the cognizance order dated 25.07.2017 in connection with Complaint Case No. 1508 of 2015 is that the learned Judicial Magistrate has issued summons which is not a speaking order. This Court after going through the (2026:JHHC:3846) 6 Cr. M.P. No. 3802 of 2017 impugned order finds that the learned Magistrate has well explained the reasonings for passing the impugned order. The undisputed fact remained that if the allegations made against the petitioner in complaint case, the statement of the complainant on Solemn Affirmation and the statement of the inquiry witnesses are considered to be true in their entirety, then the offences in respect of which the learned Judicial Magistrate has taken cognizance is infact made out. 8. In view of the discussions made above, this Court is of the considered view that there is no justifiable reason to accede to the prayer of the petitioners made in the Cr.M.P. in exercise of the power of this Court under Section 482 of the Cr.P.C. 9. Accordingly, this Criminal Miscellaneous Petition being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated: February 10, 2026 N.A.F.R./Pramanik Uploaded on 17/02/2026.