The court cannot inquire into the reliability or genuineness of the allegations made in the FIR when considering quashing.

JUDGMENT :

Heard the parties.

2. This Writ Petition under Article 226 of the Constitution of India has been filed with a prayer to quash the F.I.R. in connection with Jaganathpur P.S. Case No.230 of 2019 registered for the offences punishable under Sections 420, 323, 354, 379, 506, 34 of the Indian Penal Code pending in the court of learned Judicial Magistrate-1st Class, Ranchi. Though, Section 34 has wrongly been mentioned as Section 349 of the Indian Penal Code in paragraph-1 (i) at page-4 of the brief and in prayer portion at page-24 of the instant writ petition.

3. Though some additional prayer was also made for quashing some other F.I.Rs but it is evident from the order No.11 dated 26.04.2023, that the petitioners have confined their prayer in this Writ Petition for quashing the F.I.R. of Jaganathpur P.S. Case No.230 of 2019. Hence, this Writ Petition is confined to the prayer for quashing the F.I.R. of Jaganathpur P.S. Case No.230 of 2019 only.

4. The brief facts of the case is that the petitioners were the accused persons of the said case and they have cheated and dishonestly induced the informant/complainant to give his property on lease to them by making the informant/complainant, believe that they will use the property as hospital but instead they by way of cheating, have constructed residential complexes on the leased premises. There is further allegation that on 20.05.2019 the petitioners in furtherance of common intention with the co-accused persons outraged the modesty of the complainant, committed theft of Rs.5,000/- and gold chain and also voluntarily caused hurt to the complainant and her husband. The informant/complainant filed Complaint Case No.2528 of 2019 in the court of Chief Judicial Magistrate, Ranchi. The same was referred to police under Section 156 (3) of Cr.P.C. and consequent upon the same being referred to police, Jaganathpur P.S. Case No.230 of 2019 has been registered and the investigation was going on but vide order dated 02.09.2022, no coercive order has been passed against the petitioners by a co-ordinate Bench of this Court.

5. Mr. Mahesh Tewari- learned counsel for the petitioners submits that the allegations made against the petitioners are false and the petitioner No.2 was doing duty at Kalyan Hospital, Arki, District-Khunti and a certificate has been issued by the Hospital Management in the name of respondent No.7-the investigating officer of this case. It is further submitted that the Investigating Officer of the case has acted in criminal conspiracy with the complainant/informant, her son, her husband and others. It is further submitted that vide order No.14 dated 09.10.2023 it was ordered that the respondent State shall file supplementary counter-affidavit disclosing about the stand of the petitioner about presence of the petitioner No.2 at Khunti on the date of occurrence on 20.05.2019 but the State has not filed any supplementary counter-affidavit. It is next submitted that the petitioner No.2 has also lodged Jaganathpur P.S. Case No.234 of 2019 against the son of the informant/complainant wherein the petitioner No.2 has stated that the son of the informant/complainant has cheated the petitioners of Rs.79,00,000/-. Hence, it is submitted that the F.I.R. of Jaganathpur P.S. Case No.230 of 2019 which is pending in the court of learned Judicial Magistrate-1st Class, Ranchi be quashed.

6. Learned Spl.P.P. appearing for the State and the learned counsel for the respondent No.2 on the other hand vehemently oppose the prayer for quashing the F.I.R. of Jaganathpur P.S. Case No.230 of 2019 which is pending in the court of learned Judicial Magistrate-1st Class, Ranchi. Learned counsel for the respondent No.2 relies upon the judgment of the Hon’ble Supreme Court of India in the case of Neeharika Infrastructure (P) Ltd. v. State of Maharashtra and Others reported in 2021 SCC OnLine SC 315 paragraph-80 of which reads as under:-

“80. In view of the above and for the reasons stated above, our final