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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sujeet Kumar @ Sujit Kumar – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. allegations against the petitioner are vague. (Para 4 , 5 , 6) |
| 2. lack of specific allegations against the petitioner. (Para 7 , 8) |
| 3. offences requiring forgery not established. (Para 9 , 10 , 11) |
| 4. continuing the proceedings would be an abuse of process. (Para 12 , 13) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the FIR and criminal proceeding arising out of East Tundi P.S. Case No. 33 of 2022 registered for the offences punishable under Sections 408, 409, 420, 467, 468, 471, 120B of the Indian Penal Code.
3. It is submitted by the learned counsel for the petitioner that the investigation of the case is still going on and charge sheet has not yet been submitted in this case.
4. The allegation against the petitioner is that the petitioner being the District Sub-Registrar of Govindpur in Dhanbad in connivance and aid of the co-accused persons in conspiracy to fulfill his own personal benefit, has got registered certain documents even though the land involved in the same belongs to the informant.
5. It is submit
A public servant cannot be prosecuted without specific allegations of wrongdoing; general claims of conspiracy without evidence do not sustain criminal charges.
A public servant who enters into a criminal conspiracy with other accused to register documents causing wrongful loss to persons and thereby wrongful gain to the co-conspirators is not entitled to th....
Quash of Criminal proceedings – Dismissed - Power under Section 482 Cr.P.C. is to be used sparingly and with circumspection
Failure to establish a prima facie case under Sections 417 and 465 of the IPC; lack of necessary sanction for prosecution of public servant mandates quashing of proceedings.
Point of Law : It is only when criminal proceedings for offence under Section 177 of IPC is initiated that the requirement under Section 195(1)(a)(i) of Cr.P.C. would come into play. [Para 19]
The Sub-Registrar cannot inquire into the truthfulness of recitals in documents presented for registration, and the burden of proof lies with the prosecution.
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