Criminal liability cannot be imposed without establishing essential elements such as entrustment and deception, as per the Indian Penal Code.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. Though notice has been validly served upon the respondent no.3, no one turns up on behalf of the respondent no.3 in-spite of repeated calls.

3. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of an appropriate writ, order, direction for quashing the entire proceeding in connection with Ranchi (Sadar) P.S. Case No. 346 of 2022 registered for the offences punishable under Section 406/420/120B/506/385/387 of the Indian Penal Code .

4. The allegation against the petitioners is that the informant in capacity of Managing Partner of Kamakhya Builders entered into a collaboration agreement that the father of the petitioners namely Prodyot Kumar Ghosh in respect of a land situated at Delhi and thereafter Prodyot Kumar Ghosh executed a power of attorney in favour of the informant. Prodyot Kumar Ghosh also made a Will in respect of the property in favour of the informant in which , inter alia the petitioners were witnesses. On 30.07.2010 Prodyot Kumar Ghosh died. On 17.03.2013 a nomination agreement was made with Vibgyor Estates Private Limited which was signed inter-alia by the petitioners as confirming parties. Prodyot Kumar Ghosh in his said Will appointed Shiv Ratan Kakrania as the executor of the Will. Probate of the Will was granted by the Calcutta High Court and the executor –Shiv Ratan Kakrania executed a deed of assent in favour of the informant. It is at least that thereafter, the petitioners along with the co-accused persons hatched up a conspiracy and with a intention to cheat the informant and his company, demanded extortion of Rs.5,00,00,000/- and as the said extortion demand was not met by the informant, the petitioners from time to time in some illegal manner are disrupting the work of the informant and are creating obstruction in the same. The petitioners have threatened that unless the extortion demand is fulfilled, they will not allow the development work upon the said land.

5. It is submitted by the learned counsel for the petitioners relying upon the Judgment of a Coordinate Bench of this Court in the case of Rajesh Kumar Mishra @ Rajesh Mishra Vs. The State of Jharkhand & Another, vide order dated 08.06.2020, in Cr.M.P. No. 726 of 2019, that the Coordinate Bench in that case relied upon the Judgment of Hon’ble Supreme Court of India in the case of Binod Kumar and Others Vs. State of Bihar and Another reported in (2014) 10 SCC 663 wherein it has been observed by the Hon’ble Supreme Court of India that civil liability cannot be converted into criminal liability.

6. The learned counsel for the petitioners next relies upon the Judgment of another Coordinate Bench of this Court in the case of Mideast Integrated Steels Ltd. (MESCO Steel Ltd.) and Others Vs. State of Jharkhand and Another, vide judgment dated 17.03.2023 in Cr.M.P. No. 1744 of 2022 and submits that in a case of criminal breach of trust, pivotal ingredient is entrustment of property followed by misappropriation and submits that in this case, as there is no allegation of entrustment of any property against the petitioners, so obviously the offence punishable under Section 406 of the Indian Penal Code is not made out.

7. The learned counsel for the petitioners further relies upon the Judgment of another Coordinate Bench of this Court in the case of Prakash Chandra Mohanti Vs. State of Jharkhand and Another, vide judgment dated 17.03.2023, in Cr.M.P. No. 917 of 2022 and submits that if certain documents of sterling quality are brought on record, the Courts cannot turn blind eye to the same as has been reiterated by the Hon’ble Supreme Court of Indian in the case of B. Jagdish Vs. State of Andhra Pradesh , reported in (2009)1 SCC 681.

8. It is next submitted by the learned counsel for the petitioners that the father of the petitioners died intestate, without executing any Will. It is next submitted that the si