IMPORTANT POINT
Public servants are entitled to protection under Section 197 of the Cr.P.C. when acting in the discharge of their official duties, and allegations against them must demonstrate a reasonable connection to their official actions to avoid malicious prosecution.

JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard Mr. R.S. Mazumdar, the learned Senior counsel assisted by Mr. Nishant Roy, the learned vice counsel appearing on behalf of the petitioners in Cr.M.P. No.579 of 2016, Cr.M.P. No.1008 of 2016 & Cr.M.P. No.1011 of 2016, Mr. Sumeet Gadodia, the learned counsel appearing on behalf of the petitioners in Cr.M.P. No.3385 of 2013 and on behalf of the Opposite Party No.2 in Cr.M.P. No.579 of 2016, Cr.M.P. No.1008 of 2016 & Cr.M.P. No.1011 of 2016, Mr. Sahil, the learned counsel appearing on behalf of the Opposite Party No.2 in Cr.M.P. No.3385 of 2013 and Mr. Sanjay Kumar Srivastava, Mr. Pankaj Kumar Mishra as well as Mrs. Nehala Sharmin, the learned counsels appearing on behalf of the respondent-State in Cr.M.P. No.1011 of 2016, Cr.M.P. No.579 of 2016 and Cr.M.P. No.3385 of 2013 & Cr.M.P. No.1008 of 2016, respectively.

2. Cr.M.P. No.579 of 2016, Cr.M.P. No.1008 of 2016 and Cr.M.P. No.1011 of 2016-in all these three cases, the common complaint case is under challenge as well as the order taking cognizance and in Cr.M.P. No.3385 of 2013 there is F.I.R which is the consequence of the complaint case which are the subject matter in all three cases and in view of that, all these petitions have been heard together with consent of the parties.

3. In Cr.M.P. No.579 of 2016, Cr.M.P. No.1008 of 2016 and Cr.M.P. No.1011 of 2016 the prayer is made for quashing of the entire criminal proceeding as well as the order dated 09.10.2015 in connection with C.P.Case No.C-2954 of 2013, pending in the court of learned Sub Divisional Judicial Magistrate, Ranchi.

4. In Cr.M.P. No.3385 of 2013, the prayer is made for quashing of the F.I.R. being Doranda P.S. Case No.617 of 2013 dated 03.12.2013, pending in the court of learned Sub Divisional Judicial Magistrate, Ranchi as also the order dated 07.12.2013 passed in the same whereby warrants of arrest have been issued.

5. In Cr.M.P. No.579 of 2016, Cr.M.P. No.1008 of 2016 and Cr.M.P. No.1011 of 2016, the complaint case was filed alleging therein inter alia, that the complainant amongst other properties, owns a piece of land in North Office Para, having an area of 3.065 acres of land situated in Khata No. 191, Plot Nos. 918 and 919, P.O. & P.S. Doranda, District Ranchi, which is a part and parcel of the complainant's residential house, which is his ancestral property. It has been further alleged that the State of Jharkhand through the Deputy Commissioner, Ranchi had made a of false claim regarding the ownership of land and the complainant, along with his brothers, being law abiding citizens filed Title Suit No. 134 of 1999, being a suit for declaration of right, title and possession and in the alternative for restoration of possession in the Court of learned Munsif, Ranchi who decreed the suit in favour of the applicant and his brothers vide judgment and decreed dated 31.7.2002. Thereafter the State preferred a Title Appeal before the learned Judicial Commissioner, Ranchi, which was numbered as Title Appeal No.21 of 2002/ 19 of 2003, which was dismissed vide order dated 22.12.2003 by the Judicial Commissioner, learned F.T.C., Additional Ranchi. Thereafter a Second Appeal being S.A. No. 216 of 2005 was preferred by the State before the Hon'ble High Court of Jharkhand, which was also dismissed by order dated 7.1.2008. The State again preferred a Special Leave Petition before the Hon'ble Supreme Court of India vide S.L.P. (Civil) No. 29275 of 2010, which was also dismissed by order dated 19.11.2010 and the review petition filed against this order has also been dismissed vide order dated 27.9.2011.

It has further been alleged on 3.12.2013, the on 3.12.2013, the complainant received a telephone call from the Doranda Police Station asking them or their representatives to appear before the Dy.S.P., Hatia at Doranda P.S. at 12.30 p.m. on the same day i.e. 2.12.2013. The son of the complainant who is a practicing Advocate namely, in the Hon'ble High Court, Shri Veer Vijay Pradhan, acco