RAJESH KUMAR SINHA ALIAS RAJESH SINHA v. THE STATE OF JHARKHAND
Cr.M.P./204/2026 · 2026-02-06
Anil Kumar Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9533 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9533 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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1 Cr. M.P. No.204 of 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 204 of 2026
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Rajesh Kumar Sinha @ Rajesh Sinha, aged about 50 years, son of Late Karma Mani Sinha, resident of Kusum Vihar, Morabadi, Ranchi, P.O. G.P.O., P.S. Bariatu, District-Ranchi. … Petitioner
Versus The State of Jharkhand
… Opposite Party
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For the Petitioner : Mr Anil Kumar, Sr. Advocate
Ms. Sonal Sodhani, Advocate For the State : Mr. Pankaj Kumar, P.P.
------ 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the prayer to quash the entire criminal prosecution including the First Information Report in connection with Jagannathpur P.S. Case No. 458 of 2025 involving the offences punishable under Sections 406, 420, 467, 468, 469, 506, 120B of the Indian Penal Code. 3. Learned senior counsel for the petitioner submits that the investigation of the case is still going on and charge-sheet has not yet been submitted in this case. 4. The allegation made in the FIR is that the co-accused persons, namely, Vinay Kumar Sinha, Vinay Kumar Choubey, Snigdha Singh entered into criminal conspiracy to divest the informant from his
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excellent profit making concern in the name and style of Nexgen Solution Technologies Pvt. Ltd and to capture the said company. In the process doing the same, they in criminal conspiracy with each other, committed forgery for the purpose of cheating, forgery for the purpose of harming the reputation, forgery of valuable security, cheating and criminal breach of trust against the informant. Further, they committed the offence of criminal intimidation by threatening the informant causing alarm as well. The only allegation against the petitioner is that the petitioner who was the General Manager of the said company, namely, Nexgen Solution Technologies Pvt. Ltd in 2006 was involved in institution of the false case and for sending the informant to jail. 5.
It is submitted by the learned Senior Counsel for the petitioner, by drawing attention of this Court to the copy of the FIR of Jagannathpur P.S. Case No. 243 of 2006, which is the part of the present brief and the copy of which is appearing in page no. 96 of the brief, that on 24.10.2006, the petitioner lodged the written report with the Officer- in-charge of the Jagannathpur Police Station, contending therein that the informant of Jagannathpur P.S. Case No. 458 of 2025 being the Director of the said company, namely, Nexgen Solution Technologies Pvt. Ltd on 24.10.2006 committed theft of certain files of company and the cash of Rs. One lakh and committed criminal breach of trust. On the basis of the same, Police registered Jagannathpur P.S. Case No. 243 of 2006 and took up investigation of the case. During the investigation of the case, a compromise was effected between the petitioner herein and the informant of Jagannathpur P.S. Case No. 458 of 2025 who was
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the accused person of Jagannathpur P.S. Case No. 243 of 2006 and on the basis of the joint compromise, the informant of Jagannathpur P.S. Case No. 458 of 2025 was granted bail in that case as is evident from the order dated 30.10.2006 in Jagannathpur P.S. Case No. 243 of 2006, as is evident from page no. 93 of the brief, which is also the part of the brief and thereafter, on the basis of the compromise, police submitted Final Form and did not send up the informant of Jagannathpur P.S. Case No. 458 of 2025 for trial in Jagannathpur P.S. Case No. 243 of 2006 for lack of evidence. 6. It is next submitted that the only allegation against the petitioner is that the petitioner was instrumental in tormenting the petitioner in the year 2006.
There is no allegation against the petitioner of entering into any criminal conspiracy, nor is there any allegation against the petitioner of committing any forgery or cheating or criminal breach of trust. Further, there is no allegation against the petitioner of committing criminal intimidation either in his individual capacity or in conspiracy with co-accused persons. Hence, it is submitted that, none of the offences in respect of which FIR has been registered in this case is made out, even if the entire allegation against the petitioner is considered to be true in their entirety. Hence, it is submitted that the prayer as prayed for in this Cr.M.P. be allowed. 7. The learned P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Cr.M.P. and submits that this Cr.M.P, being without any merit, be dismissed. 2026:JHHC:3383
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8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that the criminal conspiracy alleged in this case is against the co- accused Vinay Kumar Singh, Vinay Kumar Choubey, Snigdha Singh. There is absolutely no allegation against the petitioner of committing criminal breach of trust or cheating or forgery or criminal intimidation of the informant of Jagannathpur P.S. Case No. 458 of 2025 either in his individual capacity or in criminal conspiracy with the co-accused persons. Under such circumstances, this Court is of the considered view that even if the entire allegation against the petitioner is considered to be true in the entirety, still the only allegation against the petitioner is that he instituted a false case against the informant of Jagannathpur P.S. Case No. 458 of 2025, in the year 2006, in which case the informant of Jagannathpur P.S. Case No. 458 of 2025 was released on bail after compromise with the petitioner herein.
Thus, even if the entire allegations made against the petitioner are considered to be true in their entirety, still none of the offences in respect of which the FIR has been registered is made out against the petitioner. Hence, this Court is of the considered view that the continuation of the criminal proceeding against the petitioner will amount to abuse of process of law. Therefore, this is a fit case where the entire criminal prosecution including the First Information Report in connection with Jagannathpur P.S. Case No. 458 of 2025 be quashed and set aside qua the petitioner only. 2026:JHHC:3383
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9. Accordingly, the entire criminal prosecution including the First Information Report in connection with Jagannathpur P.S. Case No. 458 of 2025, is quashed and set aside qua the petitioner only. 10. In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 06th of February, 2026 AFR/ Rashmi
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