At the stage of challenging the FIR, the truth or falsity of the allegations would be decided at trial, and no interference was warranted.

JUDGMENT :

Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioners, Ms. Nehala Sharmin, learned A.P.P. for the State and Mr. G.K. Sinha, learned counsel appearing for the O.P. No. 2.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This criminal miscellaneous petition has been filed for quashing of the entire criminal prosecution including the First Information Report, in connection with Jagarnathpur P.S. Case No. 193 of 2017 corresponding to G.R. No. 3046 of 2017, pending in the Court of learned Judicial Magistrate, 1st Class, Ranchi.

4. The O.P. No. 2 filed the complaint alleging therein that the complainant is the business man, he run construction work in the name and style of M/s Anshul Construction. The accused persons are very clever persons. They are very known to the complainant and his family. They have also very well known about the work of the complainant and his firm. The complainant and his firm was allotted a work for road construction in Chakulia Bend Road from Mardabandh chowk to Kanimohli through Jugitopa, Jharia total distance of 5 kms. road. The complainant was constructing the aforesaid road peacefully and honestly. The accused persons known about the aforesaid work of the complainant and with the dishonest, malafide and fraudulent intention approached / induces to the complainant and witness no. 1 at their house in H.E.C. Qr. No. CD-68, Sector-2, Dhurwa, P.S. Jagarnathpur, District-Ranchi to do the work with them.

It is further alleged that for the above work the accused persons assured to the complainant and witness no. 1 that they will do their work with fully honesty and dignity and they also assured to invest their money in the aforesaid work. As per the assurance of the accused persons the complainant and witness no. 1 believed their versions and agree to do the work with them. For this the complainant entered into deed of partnership with accused No. 1 on dated 02.03.2015 at the house of complainant, wherein the accused No. 2 was also signed over the aforesaid deed of partnership as a witness. As per the above deed of partnership and assurance of the accused persons the complainant believed their version and started work with them. The complainant also believed the accused persons and hand over the entire work to them. The accused person started all the work like purchase material, transaction of money through cheque and cash operating the bank account etc. After some times the complainant came to know that both the accused persons have misappropriated the huge amount and materials from the aforesaid work and site. Thereafter the complaint along with the witness no. 1 inquire the matter and found that the huge materials have not been used in their site and the same was sold in another place. The accused persons are also given forged fabricated and false bills of materials to the complainant and taken huge amount from the for the same time to time. They have also not given the payment to the labours although the same has been obtained by the accused persons from the complainant. the complainant also came to know that accused persons have taken huge amount from him time to time by giving false statements for miscellaneous expenses.

It is further alleged that after the preliminary enquiry the complainant found that accused persons have misappropriate approx Rs.15,00,000/-(Fifteen lakhs), the amount may increase in further inquiry. They have also stolen valuable things like copy of DPR, Master roll, Register, Important documents, signed and unsigned cheques etc. from the office of the complainant. The complainant along with the witness no. 1 inquire the matter then they also found that the accused persons have dishonestly and fraudulently entered