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Cr.M.P. No.677 of 2026 Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the entire criminal proceeding in respect of the First Informant Report of Argora P.S. Case no. 199 of 2024 registered for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code which is pending in the Court of learned Judicial Magistrate, XIII, Ranchi.

3. The learned counsel for the petitioner submitted that the investigation of this case is still going on and charge-sheet has not been submitted as yet.

4. The allegation against the petitioner is that the petitioner no.1 is the Chairman and petitioner no.2 is the Secretary to the Chairman of the S.S.R. Medical College situated in Mauritius. The son of the informant namely Kairav Kirtne being allured by the advertisements of the said medical college, got himself admitted in the office of the said medical college situated at Delhi for the Session 2019-2024 for the Under-Graduate M.B.B.S course. The faculty and staff of the said medical college used to resort to hooting of Kairav Kirtne in the class rooms and during college examinations by adopting to wrongful means and by such acts of the faculty and staff, the study of Kairav Kirtne was affected. It is further alleged that in criminal conspiracy, the Chairman used to resort to hooting and insulting selected students by adopting several means. As a pre-planned conspiracy, Kairav Kirtne was betrayed and cheated and on the basis of wrong premises Kairav Kirtne, was not permitted to appear in the pre-university and university examination of the said medical college by adoption of unfair means by the said college; even though 3,000/- US Dollars was taken for permitting him to appear in the said examination. Even after that he was declared fail in the pre-university exam. By this illegal act of the petitioners, five years of valuable time of Kairav Kirtne was wasted and his guardian was financially exploited and on the basis of wrongful information, the petitioners have till now been extorted to the tune of Rs.49,63,141/- and by wrongful tactics, the student Kairav Kirtne was forced to leave the college.

5. On the basis of the written report submitted by the informant, police registered Argora P.S. Case No. 199 of 2024 and took up the investigation of the case which is still going on.

6. The learned counsel for the petitioners relying upon the judgment of the Hon’ble Supreme Court of India in the case of Narayana Health and Others versus The State of West Bengal and Others reported in 2026 SCC OnLine SC 844, submits that in the facts and circumstances of that case, where a complaint was filed alleging that the hospital had intentionally included charges for diagnostics test which has not been performed and the relevant medical documents were not supplied promptly and that certain hospital personnel behaved improperly and issued threats, when the complainant questioned the billing and sought clarification regarding the treatment records and on the basis of the allegations, inter alia the offences under Section 406, 420 and Section 120B of the Indian Penal Code along with the other offences were invoked against the appellant before the Hon’ble Supreme Court of India; including the Chairman of the hospital and the representative attached to the hospital and the employees of the hospital, the Hon’ble Supreme Court of India observed in Para-11 to 13 of the said judgment as under:-

“11. The complainant alleged commission of offences under Sections 405, 420 and 120B, IPC in his complaint. For criminal breach of trust under Section 405, IPC, it is necessary that there must be entrustment of property to the accused; such entrustment must create a fiduciary obligation regarding the handling or use of that property; and the accused must have dishonestly misappropriat