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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Tushar Kant Jha S/o Late Nageshwar Jha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard, learned counsel for the parties.
1.1 The instant Cr. M.P. has been filed under Section 528 of the BNSS , 2023, for quashing of the entire criminal proceeding including the order dated 11.08.2023 passed by Chief Judicial Magistrate, Simdega, in connection with G.R. Case No.55 of 2011 (arising out of Simdega P.S. Case No.25 of 2011) whereby and whereunder, cognizance has been taken against the petitioner under Sections 419 , 420, 468 and 471 IPC and summons have been issued to the petitioner. Prayer has also been made to quash the order dated 11.08.2025 passed by the Chief Judicial Magistrate, Simdega in the said case whereby and whereunder charges have been framed under /34, 420/34, 468/34, 471/34 of the Indian Penal Code and consequential reliefs.
2. The brief facts of the case as alleged against the petitioner is that petitioner being posted as Sargent Major in the Simdega District Police, in furtherance of common intention with the co-accused persons, was instrumental in making false caste certificate and residential certificate of the absconding co-accused persons and was also instrumental for the purpose of cheating and also in furth
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The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
The court affirmed that a charge-sheet can only be quashed if there is no prima facie case against the accused, emphasizing the need for sufficient evidence to proceed.
A valid written complaint is required under Section 195 Cr.P.C. to initiate criminal proceedings for forgery related to evidence presented in court, highlighting procedural safeguards against wrongfu....
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