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( 2026:JHHC:18959 )
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Cr.M.P. No.3329 of 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3329 of 2025
1. Asha Kumari, Age -50 years, W/o –Kumud Kumar
2. Kumud Kumar, Age -53 years, S/o Panchu Mahto
3. Arav Arya, Age -22 years, S/o Kumud Kumar, Petitioner No.1 to 3 are R/o –Quarter No.B/250, Near Rajendra Bhawan, Sector -2, P.O.+P.S. –Dhurwa, District –Ranchi, Jharkhand. .... Petitioner
Versus
1. The State of Jharkhand
2. Usha Rani, W/o Late Ram Bilash Prajapati, R/o –Ek No. Barari Colyari, P.O. –Bhulan Barari, P.S. Jorapokhar, District –Dhanbad, Jharkhand. …. Opp. Parties
P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners
: Mr. Rahul Pandey, Advocate
For the State
: Mrs. Shweta Singh, Addl. P.P. For O.P. No.2
: Mr. Abhijeet Kr. Singh, Advocate
….. By the Court:- I.A. No.8327 of 2026
1. Heard the parties. 2. This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition. 3. Since, hearing of this criminal miscellaneous petition is taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.)
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Cr.M.P. No.3329 of 2025
Cr.M.P. No. 3329 of 2025
1. 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 F.I.R. in connection with Jorapokhar P.S. Case No. 54 of 2025 registered for the offences punishable under Section 316(2), 318(4) & 338 of the B.N.S., 2023. 3. It is submitted by the learned counsel for the petitioners that investigation of the case is going on at present and charge sheet has not yet been submitted. 4. The allegation against the petitioners is that the petitioners committed forgery by creating a document showing one Ravi Kumar Prasad to be the owner of a land and cheated the husband of the informant during his life time by deceiving him and making him believe that Ravi Kumar Prasad is the owner of 72 decimals of the land and induced the husband of the informant, who was so deceived to part with Rs.1,10,58,141/- and thus cheated the husband of the informant. In the meanwhile the husband of the informant died.
The petitioners promised to pay the cheated money and issued cheques in discharge of their debts which were dishonoured. On the basis of the written report submitted by the informant, police
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Cr.M.P. No.3329 of 2025
registered Jorapokhar P.S. Case No. 54 of 2025 and investigation of the said case is going on. 5. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are false. The petitioner nos. 1 & 3 have been granted anticipatory bail. The informant is a Police Inspector in Jharkhand Police. The F.I.R. does not disclose any offence. It is next submitted that during his life time the husband of the informant did not submit any complaint. It is then submitted that the dispute between the parties is a civil dispute for which a money suit could have been filed. It is next submitted that in respect of the dishonour of the cheques, the informant has already filed Complaint Case No. 12351 of 2025 and Complaint Case No. 16084 of 2025. Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed. 6. The learned Addl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently oppose the prayer and submits that there is direct and specific allegation against the petitioners of committing forgery of documents to falsely represent that Ravi Kumar Prasad is the owner of 72 decimals of land and for purchasing the said land inter-alia by the petitioner no.2 and the deceased husband of the informant, the petitioners have deceived and induced the husband of the informant to part with huge amount of money, the same
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Cr.M.P. No.3329 of 2025
amounts to the offence of forgery as well as cheating. It is next submitted that if the allegations made against the petitioners in the F.I.R. are considered to be true in their entirety, then the offences punishable under Section 318(4) and 336 (3) of the B.N.S., 2023 are made out; so, at this nascent stage, it will not be proper to quash the entire criminal proceeding. Hence, it is submitted that 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 available in the record, it is pertinent to mention here that there is direct and specific allegation against the petitioners of committing forgery by creating false document that Ravi Kumar Prasad is the owner of 72 decimals of the land though in fact the said Ravi Kumar Prasad is not the owner of the said land claimed to be owned by the petitioner no.2. There is allegation against the petitioner nos. 1 & 3 that they in furtherance of common intention with the petitioner no.2 have also cheated the husband of the informant by ensuring substantial amount of money being transferred to their bank accounts also. 8. Under such circumstances, this Court is of the considered view that if the entire allegations made against the petitioners are considered to be true then the offences punishable under Section 318(4) and 336 (3) of the B.N.S., 2023 is made out. ( 2026:JHHC:18959 )
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Cr.M.P. No.3329 of 2025
Hence, at this nascent stage, when the investigation of the case is going on, there is no justifiable reason to quash the entire criminal proceeding basing upon the claim of defence of the petitioners that the allegations against them are false. 9. Hence, this Court is of the considered view that there is no justifiable reason to accede to the prayer made by the petitioners in this criminal miscellaneous petition. 10. Accordingly, this criminal miscellaneous petition being without of any merit is dismissed. 11. In view of disposal of this criminal miscellaneous petition, the interlocutory application, pending, if any, is disposed of being infructuous. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 29th June, 2026 AFR/Sonu-
Uploaded on 04.07.2026