Quashing under CrPC Section 482 as no prima facie case for IPC Sections 406, 420, 427, 506/34 even if all allegations true, lacking initial deception, entrustment, property mischief, and intimidation.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceedings of C.P. Case No.755 of 2021 including the order dated 19.01.2023 passed by the learned Judicial Magistrate-1st Class, Bokaro whereby and where under the learned Judicial Magistrate has found prima facie case for the offences punishable under Sections 406, 420, 427, 506/34 of the Indian Penal Code and passed summoning order.

3. The allegation against the petitioners is that the petitioner made the husband of the complainant to spend Rs.20-25 lakhs for purchasing a land under litigation and also took Rs.15,00,000/- for a boundary wall to be constructed over the said land. Further, the petitioners blackmailed the husband of the complainant by taking advantage of being in possession of the blank cheques signed by the complainant and instituted a false case against the complainant, her husband and the father-in-law of the complainant, by falsely stating that the petitioners gave Rs.1,15,00,000/- as loan to the complainant, her husband and her father-in-law. There is further allegation against the petitioners that the petitioners, by forgery lowered the standard of the family and business of the complainant and committed theft of the blank cheques signed by the complainant, which was kept in the shop and distributed the same to the co-accused persons for institution of different cases against the complainant. On the basis of the complaint, statement of the complainant on solemn affirmation and the statement of the enquiry witnesses, the learned Judicial Magistrate has found prima facie case as already indicated above.

4. Learned counsel for the petitioners submits that the case is next fixed for appearance and charge has not yet been framed. It is next submitted that the petitioner No.2 lodged Bokaro Sector IV P.S. Case No.156 of 2017 against the complainant, her husband and her father-in-

law in which charge-sheet was also submitted and cognizance of the offence punishable under Sections 406, 420 and 34 of the Indian Penal Code has been taken and the petitioner No.1 is the witness in the said case and as a retaliation to set up a defence, this false case has been foisted. It is further submitted that even if the entire allegations made against the petitioners are considered to be true in their entirety still none of the offences in respect of which prima facie case has been found by the learned Magistrate, is made out against the petitioners. Hence, it is submitted that the prayer, as prayed for in the instant Criminal Miscellaneous Petition, be allowed.

5. Learned Addl. P. P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioners made in the instant Criminal Miscellaneous Petition and submit that the materials in the record are sufficient to constitute each of the offence in respect of which the learned Judicial Magistrate has found prima facie case. Therefore, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here there is no allegation against the petitioners of playing deception since the beginnin