Suresh Sharma 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 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the entire criminal proceeding including the order taking cognizance dated 29.04.2023 in connection with Complaint Case No.1032 of 2012 passed by learned Judicial Magistrate-1st Class, Bokaro whereby and where under the learned Judicial Magistrate-1st Class, Bokaro has found prima facie case for the offences punishable under Sections 420/406 & 34 of the Indian Penal Code against the petitioner.

The allegation against the petitioner is that the petitioner entered into a fifty-fifty partnership with Naval Sharma and the Firm-M/s S.R.N. Construction. The petitioner got deposited the money of six persons with M/s S.R.N. Construction by cash and cheque for purchasing land and the cheque was deposited in the bank account of the firm and for the cash received, Naval Sharma issued receipts and total deposit made was Rs.12,15,400/-, but the land could not be allotted to the payers as Naval Sharma was not the owner of any land. The co-accused Naval Sharma later on got the joint account of the petitioner and the Naval Sharma, converted as single operational account and withdrew the money from the account of the firm and when the complainant met Naval Sharma and his father, they threatened him to get him abducted. It is further alleged that on 15.10.2012, petitioner along with the co-accused Naval Sharma surrounded the informant and Naval Sharma took out Rs.5,200/- from the pocket of the complainant and petitioner took one Titan Watch of value Rs.1,800/-.

On the basis of the complaint, statement on solemn affirmation and the statement of the enquiry witnesses, the learned Judicial Magistrate-1st Class, Bokaro found prima facie case for the offences punishable under Sections 420/406 & 34 of the Indian Penal Code against the petitioner.

Learned counsel for the petitioner submits that there is no allegation of cheating or criminal breach of trust against the petitioner, hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P, be allowed.

Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P and submits that the materials available in the record is sufficient to constitute both the offences punishable under Section 420/406 of the Indian Penal Code. Therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed.

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 only allegation against the petitioner is that the petitioner along with the co-accused threatened the complainant/informant to get him abducted and committed theft of watch of the complainant worth Rs.1,800/-, but there is no allegation against the petitioner of committing criminal breach of trust which is a sine qua non constitute the offence punishable under Section 406 of the Indian Penal Code nor there is any allegation against the petitioner of cheating the complainant/informant either individually or in furtherance of common intention with the co-accused persons.

Because of the discussions made above as neither the offence punishable under Section 420 of the Indian Penal Code nor the offence punishable under Section 406 of the Indian Penal Code is made out, against the petitioner, even if the entire allegation made against him are considered to be true in their entirety, therefore, this Court is of the considered view that the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law and this is a fit case where the entire criminal proceeding including the order taking cognizance dated 29.04.2023 in connection with Complaint Case No.1032 of 2012 passed by learned Judicial Magistrate-1st Class, Bokaro, be quashed and set aside qua the petitioner only.

Accordingly, the entire criminal proceeding including the order taking cognizance dated 29.04.2023 in connection with Complaint Case No.1032 of 2012 passed by learned Judicial Magistrate-1st Class, Bokaro, is quashed and set aside qua the petitioner only.

In the result, this Cr.M.P., stands allowed.