The High Court
Case Details
With 1 Cr.M.P. No. 728 of 2011 Cr.M.P. No. 729 of 2011 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 728 of 2011 Prem Kumar Pandey … Petitioner -Versus- 1. 2. The State of Jharkhand Surendra Paswan With … Opposite Parties Cr.M.P. No. 729 of 2011 Arvind Kumar … Petitioner -Versus- 1. 2. The State of Jharkhand Surendra Paswan ----- … Opposite Parties
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Faiz Ur Rahman, Advocate (In both cases) For the State : Mr. Bhola Nath Ojha, A.P.P. (In Cr.M.P.-728/2011) Mr. Shiv Shankar Kumar, A.P.P. (In Cr.M.P.-729/2011) : None For O.P. No.2 06/21.02.2024 Both the petitions are arising out of same FIR and in view of that, ----- both the petitions are being heard together with consent of the parties. 2. Notice upon opposite party no.2 has been effected. On repeated calls, nobody has responded on behalf of opposite party no.2 and in view of that, these petitions are being heard in absence of opposite party no.2. 3. Heard Mr. Faiz Ur Rahman, learned counsel for the petitioners and Mr. Bhola Nath Ojha and Mr. Shiv Shankar Kumar, learned counsel for the State. 4. In both the petitions, the prayer is made for quashing of the entire criminal proceeding arising out of Manatu (Tarhasi) P.S. Case No.89 of 2008, dated 16.11.2008, corresponding to G.R. No.1958 of 2008, now pending in the Court of the learned 23rd Judicial Magistrate, Palamau at Daltonganj. The prayer is also made for quashing of the orders dated 11.03.2011 and 16.03.2011, whereby, non-bailable warrant of arrest and process under With 2 Cr.M.P. No. 728 of 2011 Cr.M.P. No. 729 of 2011 Section 82 Cr.P.C. respectively have been directed to be issued against the petitioners. 5. The complaint petition was filed by opposite party no.2, which was sent by the learned Court for investigation and registration of the FIR and, thereafter, the present Manatu (Tarhasi) P.S. Case No.89 of 2008 was registered alleging therein that the petitioners have misappropriated the Government money, which was advanced in their favour for construction of check dam, ponds and tube wells, but the advance money has not been spent for the purposes for which the same was allocated and on the basis of fake measurement and fake muster roll, the entire amount was misappropriated. It was further alleged that the workmen have not been paid their wages and when the same was demanded, the petitioners along with others have used abusive language and, hence, a complaint was filed before the Court of the learned Chief Judicial Magistrate, Palamau at Medininagar, which was registered as Complaint Case No.812 of 2008 and subsequently, the same was referred for making investigation before the local police under Section 156(3) Cr.P.C. and the police after reference having been made by the Court of the learned Chief Judicial Magistrate, Palamau at Medininagar, has instituted the present FIR. 6. Learned counsel for the petitioners submits that the petitioner in Cr.M.P. No.728 of 2011 was the Forest Guard and the petitioner in Cr.M.P. No.729 of 2011 was Forester. He submits that the Forest Guard and Forester have got no jurisdiction and power to make any entry in the measurement book and have not been authorized to engage any workman by making preparation of muster roll. He further submits that the allegations are made With 3 Cr.M.P. No. 728 of 2011 Cr.M.P. No. 729 of 2011 that check dam, ponds and tube wells were not constructed. He also submits that the police have made correspondence with the Divisional Forest Officer, Daltonganj vide letter dated 29.08.2010 about address of the petitioners and to accord sanction for initiation of prosecution and the Superintendent of Police, Palamau vide letter dated 31.08.2010 again requested to accord sanction for prosecution against the petitioners. He submits that the Divisional Forest Officer, Daltonganj has directed the Assistant Conservator of Forests, Daltonganj to conduct an inquiry with respect to the allegation made in the complaint petition. He submits that pursuant to that the inquiry was conducted and report was submitted on 06.09.2010 saying that check dam and ponds have already been constructed and the tube wells are also present at the site in running condition. He submits that the report is annexed at Annexure-3. He submits that the complainant/informant has himself accepted the said report at page 27 of the brief. He submits that in view of that, to allow to continue the proceeding will amount to abuse of process of law. He further submits that if the High Court is convinced, power under Section 482 Cr.P.C. can be exercised at any stage. 7. Learned counsel for the State jointly submit that charge-sheet has been submitted and the learned Court has been pleased to take cognizance and the matter is pending for appearance. 8. In the aforesaid background, it is crystal clear that the complaint case was filed alleging that check dam, ponds and tube wells were not constructed and the report of Assistant Conservator of Forests, Daltonganj, contained in Annexure-3 suggests that check dam and ponds were With 4 Cr.M.P. No. 728 of 2011 Cr.M.P. No. 729 of 2011 constructed and hand pumps were also properly installed, which were also in running condition. The complainant/informant has himself accepted the said report, contained in page 27 of the brief. 9. Even if cognizance has been taken, if the High Court is convinced that it will amount to abuse of process of law, the power under Section 482 Cr.P.C. can be exercised at any stage, as has been held by the Hon'ble Supreme Court in the case of Anand Kumar Mohatta and another v. State (NCT of Delhi), Department of Home and another, reported in (2019) 11 SCC 706. 10. In the attending facts and circumstances of the case and looking into the report at Annexure-3 and acceptance of the report by the complainant/ informant, to allow to continue the proceeding will amount to abuse of process of law. Accordingly, the entire criminal proceeding arising out of Manatu (Tarhasi) P.S. Case No.89 of 2008, dated 16.11.2008, corresponding to G.R. No.1958 of 2008 including the orders dated 11.03.2011 and 16.03.2011, now pending in the Court of the learned 23rd Judicial Magistrate, Palamau at Daltonganj are quashed. 11.
Decision
Accordingly, these petitions are allowed and disposed of. Ajay/ (Sanjay Kumar Dwivedi, J.)