Extracted from the PDF above. The PDF is authoritative.
(2026:JHHC:3275)
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Cr.M.P. No.2812 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2812 of 2023
1. Tanmay Kumar Gorain, aged about 33 years, son of Nabadiwip Gorain
2. Deepak Kumar Mandal, aged about 54 years, son of Maha Prasad Mandal
3. Shyamal Kumar Mandal, aged about 49 years, son of Maha Prasad Mandal
4. Shivram Mandal, aged about 35 years, son of Radheshyam Mandal All are resident of Village-Dumria, P.O.-Makrampur, P.S.-Masalia, Dist.-Dumka
.... Petitioner
Versus
1. The State of Jharkhand
2. Atul Ranjan Bhagat, son of late Lt. Somnaith Bhagat, resident of Village-Pasanga, P.O.-Fori, P.S.-Gumla, Dist.-Gumla at present Circle Officer, Raneshwar, P.O. & P.S.-Raneshwar, Dist.-Dumka
…. Opp. Parties
P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner
: Mr. Jagat Kr. Soni, Advocate :
For the State
: Mr. Manoj Kr. Mishra, Addl. P.P.
For O.P. No.2
: Mr. Shadab Bin Haque, Advocate
: Mr. Ankit Apurva, Advocate
: Ms. Nisha Kumari, Advocate
….. By the Court:-
1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the entire criminal proceeding in connection with Tongra P.S. Case No. 03 of 2023 registered for the offences punishable under Section 379/411/34 of the Indian Penal Code,
(2026:JHHC:3275)
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Cr.M.P. No.2812 of 2023
Section 4/21 of the Mines and Minerals (Development & Regulation) Act, Rule 4/54 of the Jharkhand Minor Minerals Concession Rules, 2004 and under Rule 9/13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017. 3. Learned counsel for the petitioners submits that the next date is fixed to 10.02.2026 for consideration of charge. Though charge sheet has been submitted and cognizance of the offences has been taken by the learned court concerned, but the petitioners have neither made any prayer to quash the charge sheet nor filed the same nor have challenged the order by which the learned court has taken cognizance of the offences. The petitioners do not know what has been mentioned in the charge sheet but still they made prayer to quash the entire criminal proceeding. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 4. The learned Addl.
P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently oppose the prayer of the petitioners and submit that the petition is a vague and vexatious one and the petitioners have not come to Court with clean hands. It is then submitted that the petitioners have come to this court by suppressing the material fact that charge sheet has already been submitted and cognizance of the offences has been taken by the court concerned and also by withholding the charge sheet- where it is mentioned specifically about the sufficient materials collected
(2026:JHHC:3275)
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Cr.M.P. No.2812 of 2023
during the investigation of the case showing the involvement of the petitioners in the offences, of which cognizance has already been taken. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 5. Having heard the submissions made at the Bar and after going through the materials available in the record, this Court is of the considered view that the petitioners have not come to Court with clean hands and have suppressed the material fact that charge sheet has already been submitted against the petitioners and cognizance of the offences has been taken against the petitioners and have also withheld the charge sheet from this Court by not filing the same. The undisputed fact remains that police after investigation of the case has found the allegation against the petitioners to be true and has submitted charge sheet. Hence, this Court is of the considered view that this is not a fit case to quash the entire criminal proceeding in exercise of the power under Section 482 of Cr.P.C.; considering the conduct of the petitioners in not coming to court with clean hands and withholding material information from the Court. 6. Accordingly, this criminal miscellaneous petition being without of any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 6th February, 2026 AFR/Sonu-Gunjan/-
Uploaded on 09/02/2026