Proceedings quashed under inherent powers where no prima facie case for IPC offences under Ss.288,420,406,465,504,506 as essential ingredients absent even assuming all allegations true.

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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceedings in connection with Complaint Case being C/1 Case No. 1587 of 2024 of the court of the learned Judicial Magistrate-1st Class, Jamshedpur including the order dated 12.09. whereby and where under the learned Judicial Magistrate-1st Class, Jamshedpur has found prima facie case for the offences punishable under Sections 288, 420, 406, 465, 504 and 506 of the Indian Penal Code.

3. The brief fact of the case is that the petitioners installed a mobile tower on the roof of the house of the complainant in terms of the agreement entered into between them dated 08.08.2009. The petitioners paid the monthly rental amount for installing the said mobile tower as per the said agreement dated 08.08.2009 till July, 2019. It is the undisputed fact that with effect from 8th August, 2021, the agreement has been cancelled by the petitioners in terms of clause-9 of the agreement.

4. Alleging therein that the complainant has been cheated and by the negligent conduct of the petitioners and they have made the building of the complainant dilapidated; the complainant filed the complaint. Basing upon the complaint, the statement of the complainant on solemn affirmation and the statement of the inquiry witnesses, the learned Judicial Magistrate-1st Class, Jamshedpur has found prima facie case in respect of the said offences and passed the summoning order.

5. Learned counsel for the petitioners submits that since in this case, no pulling down or repairing any building is involved nor is there any allegation against the petitioners of knowingly or negligently omitted to take such order with that the building to be pulled down or repaired which is sufficient to guard any probable danger to human life from the fall of that building or any part thereof, the offence punishable under Section 288 of the Indian Penal Code is not made out against the petitioners. It is next submitted that in the absence of any allegation against the petitioners of playing deception since the very inception, the offence punishable under Section 420 of the Indian Penal Code is not made out against the petitioners. It is next submitted that in the absence of any allegation against the petitioners of being entrusted with any property or committing dishonest misappropriation, the offence punishable under Section 406 of the Indian Penal Code is not made out against the petitioners. It is then submitted that in the absence of any allegation of creation of any false document by the petitioners, the offence punishable under Section 465 of the Indian Penal Code is not made out against the petitioners. It is then submitted that in the absence of any allegation that the petitioners ever intentionally insulted the complainant, the offence punishable under Section 504 of the Indian Penal Code is not made out. It is then submitted that in the absence of any allegation of criminal intimidation against the petitioners, the offence punishable under Section 506 of the Indian Penal Code is not made out against the petitioners even if the entire allegations made against the petitioners in the complaint, the statement of the complainant on the solemn af