IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.2819 of 2023

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Roop Narayan Choudhary, Aged about 53 years, Son of Hari Ram Choudhary, Resident of Garabasa, Station Road, P.O. & P.S.:

Bagbera, Jamshedpur, District: East Singhbhum, Jharkhand

… Petitioner

Versus

1. The State of Jharkhand

2. Sanwar Mal Sharma, Aged about 51 years, Son of Bodu Ram Sharma, Resident of Ram Tekri Road, P.O. & P.S.: Jugsalai,

Jamshedpur, District: East Singhbhum, Jharkhand

… Opposite Parties

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For the Petitioner : Mr. Vishal Kr. Tiwary, Advocate

Md. Imran Beig, Advocate

Mr. Manjeet Kr. Choudhary, Advocate

For the State : Mr. Vineet Kr. Vashistha, Spl. P.P.

For the O.P. No.2 : Mr. Rohit Sinha, Advocate (Through V.C.)

Mr. Akhilesh Shrivastava, Advocate

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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. 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 and set aside the entire criminal proceeding arising out of Complaint Case No.25 of 2019 including the order taking cognizance dated 18.08.2022 passed by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate-1st Class, Jamshedpur has taken

cognizance of the offences punishable under Sections 420 & 120B of the Indian Penal Code against the petitioner.

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

4. The brief fact of the case is that the complainant along with the co-accused persons incorporated the company in the name and style of TATANAGAR STEEL FORGE LIMITED Company. The petitioner and Mrs. Jhuma Devi Choudhary were having a stake of 50% whereas the opposite party No.2- Binod Kumar Sharma and Kamlesh Kumar Sharma were having the stake of remaining 50%. It is alleged that in the year 2010-11, the co-accused Sudhir Rai one of the shareholders of the said TATANAGAR STEEL FORGE LIMITED Company transferred 90,000 of his shares in the said company, to the petitioner. The petitioner assured the complainant/opposite party No.2 to ensure transfer of remaining 50,000 shares of the co-accused Sudhir Rai and 40,000 shares of the company to the opposite party No.2/complainant but cheated and did not do the same. It is further alleged that on 21.09.2016, the Annual General Meeting of the Company was held in which 7,29,655 shares of the company, by way of cheating, were transferred in the name of petitioner, co-accused Roopnarayan Choudhary, Jhooma Choudhary, Prashant Narayan Choudhary, Sidharth Narayan Choudhary. It is further alleged that such transfer of shares were made by committing forgery by using the signature of the complainant/opposite party No.2 and his associates by forging the digital signature of the complainant/opposite party No.2 and his associates which was put to prepare a Directors’ Report and such signed papers of the complainant/opposite party No.2 were utilized by the petitioner to show that the co-accused Sudhir Rai and his associate Binod Kumar Sharma have resigned from the Board of Directors of the Company.

5. The learned Judicial Magistrate-1st Class, Jamshedpur considering the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses, found prima facie case for the offences punishable under Section 420 and 120B of the Indian Penal Code and ordered for issuance summons against the petitioner and the co-accused persons.

6. Learned counsel for the petitioner draws the attention of this Court towards the judgment of this Court in the case of the co-accused person namely Sudhir Rai against whom vide judgment dated 19.06.2023 passed in Cr.M.P. No.308 of 2023, the entire criminal proceeding has been quashed and submits that assuming for the sake of argument that the entire allegations made in the complaint, statement of the complainant on solemn affirmation as well the