[ 2026:JHHC:25832] 1 Cr.M.P. No. 35 of 2021 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 35 of 2021 Rajeshwari Prasad, aged about 56 years, son of Raghuni Prasad, Sudarshan Vihar, East Jaganpura, Near Choudhary Market, Sampatchak, P.O. & P.S. Sampatchak, District Patna, Bihar. ...... Petitioner Versus 1. The State of Jharkhand 2. Vijay Kumar Mehta, son of Shri Ayodhya Prasad Mehta, resident of village Surypura, P.O. Padma, P.S. Barhi, District Hazaribag, Jharkhand. .….. Opposite Parties For the Petitioner : Mr. Rahul Kumar, Adv. For the State : Ms. Amrita Banerjee, AC to GP I For the O.P. No. 2 : Mr. Atma Ram Chaudhary , Adv. Mr. Ankur Anand , 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 the prayer to quash and set aside the entire criminal proceeding including the order taking cognizance dated 28.01.2020 passed in connection with Protest -cum- Complaint Case no. 1302 of 2015 by the learned JMFC, Hazaribagh whereby and whereunder, learned Magistrate has found prima facie case for the offence punishable under Section 147, 323, 379, 386, 452 of IPC. 3. The allegation against the petitioner is that the petitioner was the member of an unlawful assembly and in prosecution of the common object of the assembly, committed house trespass after making preparation to cause hurt and wrongful restraint to the members of the complainant’s family and caused hurt to the complainant and his family members, demanded extortion by putting the complainant and his family members in the fear of death and grievous hurt and committed theft of Rs. 10,000/- from the pocket of the complainant. On the basis of Protest -cum- [ 2026:JHHC:25832] 2 Cr.M.P. No. 35 of 2021 Complaint Case no. 1302 of 2015, the statement of the complainant on Solemn Affirmation, and the statement of the inquiry witnesses, the learned Magistrate found prima facie case for the said offences and passed the summoning order. 4. It is submitted by learned counsel for the petitioner that the case is next fixed to 10.09.2026 for appearance of the accused persons of the case. It is next submitted that the allegation against the petitioner is false and this false case has been foisted to grab the land of the petitioner who is the resident of Patna in the state of Bihar, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned counsel appearing for the State and learned counsel for the Opp. Party no. 2, on the other hand, vehemently oppose the prayer of the petitioner and submit that there is direct and specific allegation against the petitioner that the petitioner being the member of an unlawful assembly caused hurt to the complainant and his family members, committed theft of Rs. 10,000/- from the pocket of the complainant, committed house trespass after making preparation to cause hurt to the complainant and his family members and demanded extortion amount. It is next submitted that if the allegation made against the petitioner are considered to be true in their entirety, then all the offences in respect of which prima facie case has been found by learned Magistrate are in fact made out, 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, this Court finds that there is direct and specific allegation against the petitioner of being member of an unlawful assembly of 6 to 7 persons causing hurt to complainant and his wife by assaulting them with lathi and danda and also committed house trespass, after making preparation to caused hurt to the complainant and his wife, demanded extortion of Rs. 1,00,000/-, committed theft of money [ 2026:JHHC:25832] 3 Cr.M.P. No. 35 of 2021 and wrist-watch of the complainant by putting the complainant in the fear of causing grievous hurt and death. In the considered opinion of this Court, if the entire allegations made against the petitioner are considered to be true in their entirety, then the offences for which the prima facie case has been found out by learned Magistrate are in fact made out. 7. Accordingly, this court is of the considered view that this is not fit case where the prayer as made in this Criminal Miscellaneous Petition by the petitioner is to be acceded in exercise of its power under Section 482 of CrPC. 8. Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 20th August, 2026 Smita /AFR Uploaded on 02.09.2026