IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.83 of 2024

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Vijay Kumar Singh aged about 62 years Son of Late Baleshwar Prasad Singh resident of Sinki Bhawan Canary Hill Road, Near

P.T.C. Road, P.O. Korrah P.S. Sadar (Korrah) District Hazaribag.

… Petitioner

Versus

The State of Jharkhand … Opposite Party

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For the Petitioner : Mr. Hemant Kr. Shikarwar, Advocate

For the State : Mrs. Ruby Pandey, Addl.P.P.

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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 with the prayer to quash the entire criminal proceeding including the order taking cognizance dated 06.07.2023 passed by the learned Chief Judicial Magistrate, Hazaribag in connection with Korrah (Sadar) P.S. Case No. 852 of 2017 corresponding to G.R. Case No. 3495 of 2017 whereby and where under the learned Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offences punishable under Sections 467, 468, 420, 120B of the Indian Penal Code basing upon the charge sheet submitted by the police after investigation of the case finding the allegations against the petitioner to

be true.

3. The brief fact of the case is that the petitioner along with the co- accused persons has created the false document and committed forgery

by tampering with the documents relating to the Khas Mahal land and by making false entry therein after manipulating the documents. Police after investigation of the case, found the allegations against the petitioner to be true for having committed the offences punishable under Sections 467, 468, 420, 120B of the Indian Penal Code.

4. Learned counsel for the petitioner submits that the allegations against the petitioners are false. The petitioner is a practicing advocate at Hazaribagh for the last 30 years. He has been victimized by the authority. The FIR has been lodged to humiliate the petitioner and his family members. It is next submitted that the petitioner has simply identified the signature of the co-accused namely Tushar Saw and in order to pressurize the petitioner to vacate the land where the petitioner is residing for more than 30 years, this case has been foisted against the petitioner. The FIR was not lodged against Baleshwar Prasad Singh- father of the petitioner and Shiv Kumari Singh – mother of the petitioner. The allegations which have been made by the prosecution is that in order to grab the Khas Mahal land, the petitioner committed the forgery. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

5. Learned Additional Public Prosecutor appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that there is direct and specific allegations against the petitioner of committing forgery of the documents relating to Khas Mahal land in the concerned revenue record and the allegations against the petitioner are found to be true during the investigation of the case; basing upon the charge sheet submitted, the learned Chief Judicial Magistrate, Hazaribag has taken cognizance of the offences in respect of which charge sheet has been submitted. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that there are direct and specific allegations against the petitioner of committing forgery of the revenue records relating to Khas Mahal land in order to illegally continue in possession of the place of occurrence land; which admittedly does not belong to the petitioner.

7. It is a settled principle of law that the defence of the petitioner and the veracity of the evidence put forth by the accused, cannot be considered in exercise of po