IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.1857 of 2024

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1. Ashif Ali Khan @ Ashif Khan, Son of Md Taqi Khan, aged

about- 49 years, resident of Near Jhanda Maidan, New Barganda, P.O.- New Barganda, P.S.- Giridih, District-

Giridih.

2. Romesha @ Romaisa, Wife of Asif Khan, aged about- 35 years,

Resident of Khan Building, R.K. Mahila College Road, Jhanda Maidan, New Barganda, P.O.- New Barganda, P.S.- Giridih,

District- Giridih.

… Petitioners

Versus

1. The State of Jharkhand

2. Israt Jahan, Wife of Md. Taki Khan @ Dr. M.T. Khan, aged

about 39 years, Resident of New Barganda at present resident

of Alkapuri, P.O. and P.S.- Pachamba, District- Giridih.

… Opposite Parties

With

Cr.M.P. No.1874 of 2024

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1. Hassan Raja Ansari @ Hasan Raza Ansari, Son of Md. Islam,

aged about- 26 years, Resident of Macca Masjid, P.O. and P.S.-

Giridih, District- Giridih.

2. Saddam Hussain, Son of Ishak Ansari, aged about- 28 years,

Resident of Parvatraydih, P.O.- Manikbad, P.S.- Deori,

District- Giridih.

3. Dwarika Prasad Mahto @ Dawarika Prasad Mahto, Son of

Sukhlal Mahto, aged about- 34 years, Resident of Village- Koti, Mungoranga Mati, P.O.- Penk, P.S.- Narayanpur,

District- Bokaro.

4. Sandeep Kumar @ Sandeep Kumar, Son of Suresh Prasad

Gupta, aged about 30 years, Resident of Village- Ramdih Basti, P.O.- Sector- IX, P.S.- Chas, District- Bokaro.

… Petitioners Versus

1. The State of Jharkhand

2. Israt Jahan, Wife of Md. Taki Khan @ Dr. M.T. Khan, aged about 39 years, Resident of New Barganda at present resident of Alkapuri, P.O. and P.S.- Pachamba, District- Giridih.

… Opposite Parties ------

For the Petitioners : Mr. S. Singh, Advocate Mr. Prabhat Kr. Sinha, Advocate Mr. Mayank Mridul, Advocate Mr. Anish Lal, Advocate (all in both the Criminal Miscellaneous Petitions)

For the State : Mr. Rajesh Kumar, Addl.P.P.

(in Cr.M.P. No. 1857 of 2024)

Mr. Subodh Kr. Dubey, Addl.P.P.

(in Cr.M.P. No. 1874 of 2024)

For the OP No.2 : Mr. Yogesh Modi, Advocate (in both the Criminal Miscellaneous Petitions)

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P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties.

2. Since both these Criminal Miscellaneous Petitions have been filed with the self-same prayer to quash the entire criminal proceeding including the order dated 04.08.2023 passed in Complaint Case No. 1432 of 2023 by the learned Judicial Magistrate-1st Class, Giridih whereby and where under the learned Judicial Magistrate-1st Class, Giridih has found prima facie case for the offences punishable under Sections 406, 447, 504 and 506 of the Indian Penal Code and issued summons against the petitioners. Hence, both these Criminal Miscellaneous Petitions are disposed of by this common judgment.

3. The case of the complainant in brief is that the complainant entrusted her house to the petitioner No.1 of Cr.M.P. No. 1857 of 2024 for using the same for his residence only and to carry out his own business. The petitioner No.1 of Cr.M.P. No. 1857 of 2024 was entrusted with the said house property of the complainant in the year 2018. The petitioner No.1 of Cr.M.P. No. 1857 of 2024, at the time of entrustment of the said house property, took the same for only some months and assured that he will vacate the property after some months. As after one year from the date of occupation, the petitioner No.1 of Cr.M.P. No. 1857 of 2024 did not vacate the said house. The complainant and her husband requested the petitioner No.1 of Cr.M.P. No. 1857 of 2024 to vacate the said house but the said petitioner No.1 of Cr.M.P. No. 1857 of 2024 refused to vacate the house and committed criminal intimidation by threatening the complainant and her husband to kill if they insist upon vacation of their house by the said petitioner No.1 of Cr.M.P. No. 1857 of 2024. Further, the said petitioner No.1 of Cr.M.P. No. 1857 of 2024 used the entrusted property in violation of the legal contract by further sub-letting the property entrusted with the petitioner No.1 of Cr.M.P. No. 1857 of 2024. The petitioner No.2 of Cr.M.P. No. 1857 o