(2026:JHHC:5455) 1 Cr. M.P. No. 2385 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2385 of 2024 1. Surendra Prasad, aged about 72 years, S/o Late Utim Prasad, Resident of State Bank Road, P.O.- Giridih, P.S.- Giridih Town, Distt- Giridih 2. Md. Kalimuddin @ Kalimaddin, aged about 74 years, S/o Late Gani Miya, Resident of Sabana Road, P.O.- Giridih, P.S. Giridih Town, Distt.- Giridih 3. Md. Minhaj Ansari, aged about 56 years S/o Late Md. Esa, Resident of Machli Mohalla, P.O.- Giridih, P.S.- Giridih Town, Distt.- Giridih 4. Anand Mohan Prasad aged about 80 years son of Late Akhileswar Prasad resident of Buxidih Road, P.O. Giridih, P.S. Giridih Town, District- Giridih, Jharkhand ... Petitioners Versus 1. The State of Jharkhand 2. Md. Taj Akhtar aged about 28 years son of Shamim Akhtar resident of Moulana Azad Chowk, Giridih, P.O. Giridih, P.S. Giridih Town, District- Giridih, Jharkhand ... Opposite Parties --------- For the Petitioners: Ms. Abha Verma, Advocate Mr. Prem Prakash, Advocate For the State: Mr. Manoj Kr. Mishra, Addl. P.P. For the O.P. No.2: None --------- PRESENT HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. Though notice has been validly served upon the opposite party no.2 but no one turns up on behalf of the O.P. No.2 in spite of repeated calls. 3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the (2026:JHHC:5455) 2 Cr. M.P. No. 2385 of 2024 Code of Criminal Procedure, 1973 with the prayer to quash the order dated 14.09.2022 passed by the Judicial Magistrate 1st Class, Giridih in connection with Complaint Case No. 2232 of 2021 whereby and whereunder the learned Judicial Magistrate has found prima facie case for the offence punishable under Section 506 of the Indian Penal Code against the petitioner No.4 4. The allegation against the petitioners is that the petitioners have sold the land belonging to Santosh Kolh and Pappu Kolh. The learned Judicial Magistrate on the basis of the complaint, statement of the complainant on solemn affirmation and statement of inquiry witnesses found prima facie case for the offence punishable under Section 506 of the Indian Penal Code against the petitioner No.4 and passed the summoning order. 5. The learned counsel for the petitioners submits that the date is next fixed to 25.04.2026 before the learned trial court and charge has not yet been framed in this case. It is next submitted by the learned counsel for the petitioners that the allegation against the petitioners is false and the petitioners are absolute owners of the land which has been sold. 6. It is submitted by learned counsel for the petitioners that there is absolutely no allegation against the petitioners of (2026:JHHC:5455) 3 Cr. M.P. No. 2385 of 2024 committing criminal intimidation and the complaint has been filed by the power of attorney holder of the land owners. Hence, it is submitted that even if all the allegations made against the petitioners are considered to be true in their entirety, still the offence punishable under Section 506 of the Indian Penal Codeis not made out, therefore, prayer as prayed for in the Cr.M.P., be allowed. 7. Learned Addl. P.P. vehemently opposed the prayer made by the petitioners in the criminal miscellaneous petition and submits that the materials in the record is sufficient to constitute the offence punishable under Section 506 of the Indian Penal Code. Hence, it is submitted that the Cr.M.P. being without any merit, be dismissed. 8. 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 in order to constitute the offence punishable under Section 506 of the Indian Penal Code, the essential ingredients are as under: i) The accused threatened someone with injury to his person, reputation or property, or to the person, reputation of any one in whom that the person is interested. ii) The accused did so with intent to cause alarm to that person. iii) The accused did so to cause the victim to do any act which he was not legally bound to do. (2026:JHHC:5455) 4 Cr. M.P. No. 2385 of 2024 9. Now coming to the facts of the case there is absolutely no allegation against any of the petitioners of threatening anyone with injury to his person, reputation or property and in the absence of these essential ingredients, this Court is of the considered view that even if the entire allegations made against the petitioners are considered to be true in their entirety, still the offence punishable under Section 506 of the IPC is not made out. Therefore, continuation of this criminal proceeding against the petitioners will amount to abuse of process of law. Hence, this is a fit case where the entire criminal proceedings including the order dated 14.09.2022 passed by the Judicial Magistrate 1st Class, Giridh in connection with Complaint Case No. 2232 of 2021, be quashed and set aside against the petitioners. 10. Accordingly, the order dated 14.09.2022 passed by the learned Judicial Magistrate 1st Class, Giridih in connection with Complaint Case No. 2232 of 2021 is quashed and set aside qua the petitioners named above. 11. In the result, the Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated: February 19, 2026 N.A.F.R./Pramanik Uploaded on 09/03/2026.