Hare Krishna Mallah vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with the prayer for quashing and setting aside the entire criminal proceeding including the order dated 28.05.2022 passed by learned JMFC, Dhanbad , in connection with C.P.Case no. 81 of 2021 whereby and where under, learned Magistrate has taken cognizance of the offences punishable under Section 468 and 471 of the IPC inter alia against the petitioner.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed forgery for the purpose of cheating by creating false document mentioning therein that the complainant is dead though the complainant is alive and also created a forged genealogical table excluding the complainant and other co-sharers form the same by suppressing the material facts and used the same as genuine and on the basis of the forged document, has succeeded in withdrawal of Rs. 1,34,00,000/- from BCCL; by way of cheating. On the basis of the complainant, the statement of the complainant on Solemn Affirmation, the statement of the inquiry witnesses, learned Magistrate has taken cognizance of the offences as already indicated above. It is next submitted that the allegation against the petitioner is false and the complainant is not the co-sharer of the petitioner and the complainant has no right, title or interest in respect of the property of the petitioner, hence, it is submitted that the prayer as made in this Criminal Miscellaneous Petition be allowed.

Learned Addl. PP and learned counsel for the Opp. Party no. 2, submit that the undisputed fact remains that the petitioner has created a false document claiming that the complainant is dead even though he was knowing pretty well that the complainant is alive and the same amounts to forgery and besides the petitioner has done forgery by creating false genealogicaltable excluding the complainant and his co-sharers and using the said forged document, has fraudulently taken out huge amount of money to the extent of Rs. 1,34,00,000/- by way of compensation and the same is sufficient to constitute both the offences punishable under Sections 468 and 471 of IPC, hence, it is submitted that this Criminal Miscellaneous Petition being without any merit be dismissed.

Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that there is direct and specific allegation against petitioner of committing forgery for the purpose of cheating by creating forged document claiming the complainant to be dead though he is still alive and he created the forged genealogical table excluding the complainant and other co-sharers and using the said forged document for withdrawing Rs. 1,34,00,000/- from the BCCL by way of compensation by resorting to cheating and if the entire allegations made against the petitioner are considered to be true in their entirety, then both the offences punishable under Section 468 and 471 of the IPC are made out. Hence, this court is not inclined to accede to the prayer made by the petitioner in this Criminal Miscellaneous Petition in exercise of its power under Section 482 of CrPC.

Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed and in view of the disposal of this Criminal Miscellaneous Petition, the interlocutory application, if any, is also disposed of being infructuous.