IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1586 of 2021 ------

Shashank Shekhar, Aged about:- 34 Years S/o. Rameshwar Mandal, R/O. Kelabari Pokharia P.O. + P.S:- Borio (J) Dist:- Sahibganj (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------

For the Petitioner : Mr. A. Allam, Sr. Advocate Mr. Faisal Allam, Advocate Ms. Sushmita Kumari, Advocate Ms. Asfia Sultana, Advocate For the State : Mr. Binit Chandra, AC to AAG III ------

P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- 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 including the F.I.R. in connection with Borio (J) P.S. Case No.53 of 2021 and the charge-sheet submitted against the petitioner for having committed the offence punishable under Section 409 of the Indian Penal Code and the order of cognizance dated 04.10.2023.

3. Learned senior counsel for the petitioner submits that the charge has not yet been framed against the petitioner and the trial is yet to begin.

4. The allegation against the petitioner is that the petitioner was the contractor who was entrusted with Government money to the tune of Rs.59.12 lakhs for construction of hundred (100) bed hostel in the premises of I.T.I., Sahibganj (Lohanda). The petitioner has dishonestly misappropriated the entrusted amount and has not completed the construction of the value; which was entrusted to him. On the basis of the written-report submitted by the Executive Engineer, N.R.E.P., Sahibganj, police registered Borio (J) P.S. Case No.53 of 2021 and took up the investigation of the case. After completion of the investigation, police found the allegations against the petitioner to be true and submitted charge-sheet against the petitioner for having committed the offences punishable under Section 409 of the Indian Penal Code and basing upon the same, the learned Judicial Magistrate has taken cognizance of the offence punishable under Section 409 of the Indian Penal Code.

5. Learned senior counsel for the petitioner submits that without application of mind, police registered the F.I.R. and submitted the charge-sheet. It is next submitted that there is no allegation of entrustment of any money to the petitioner and the petitioner has submitted the second abstract contingent (AC) bill but the payment has not yet been made in full and there was delayed payment of several abstract contingent (AC) bills. It is further submitted that the petitioner has been intimated by the Executive Engineer, N.R.E.P., Sahibganj that the construction agreement has been cancelled and the proceeding has been initiated for forfeiture of the security money of the petitioner, as per the condition of the agreement. It is next submitted that initiation of this criminal proceeding and simultaneously proceeding to forfeiture of the security money amounts to double jeopardy. It is further submitted that the dispute is a civil dispute.

6. Learned senior counsel for the petitioner relies upon the judgment of this Court in the case of M/S Zillion Infra Projects Pvt. Ltd. & Another vs. The State of Jharkhand & Another reported in 2025:JHHC:33557 and submits that in that case, this Court relied upon the judgment of the Hon’ble Supreme Court of India in the case of Delhi Race Club (1940) Ltd. & Others vs. The State of Uttar Pradesh & Another reported in 2024 SCC OnLine SC 2248 wherein the Hon’ble Supreme Court of India has reiterated the settled principle of law that only if there is mens rea then only breach of trust gives rise to a criminal prosecution, besides civil remedy. It is next submitted that in that case this Court also relied upon the judgment of the Hon’ble Supreme Court of India in the case of Vijayander Kumar & Others vs. State of Rajasthan & Another reported in (2014) 3 SCC 389 in paragraph-12 of which it has been reit