Ripunjay Prasad Singh v. The State of Jharkhand & Anr
Case Details
IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 431 of 2023 ---- Ripunjay Prasad Singh .... Petitioner -- Versus -- The State of Jharkhand & Anr. .... Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner For the State For respondent No.2 :- Mr. N.K. Chatterjee, Advocate :- Mr. Kaushik Sarkhel, Advocate :- Mr. Ashish Kumar, AC to SC Mines III 17/11.07.2024 Heard learned counsel appearing for the petitioner, Mr. Sanjay Kumar Tiwari, Advocate ---- learned counsel appearing for the State and learned counsel appearing for the respondent No.2. 2. The prayer in the petition is made for quashing of the entire criminal proceeding including the order dated 03.05.2023 passed by learned Judicial Magistrate, XXIV, Ranchi in Complaint Case No.3143 of 2023 converted into Lalpur P.S. Case No.130 of 2023, whereby the learned Court has been pleased to send the application under Section 156(3) of the Cr.P.C. 3. The complaint case was filed alleging therein that the respondent No.2 has filed a complaint before the Court of learned Judicial Magistrate, Ranchi wherein it has been alleged that one Mohan Oraon has purchased a piece of land about 2.18 acres through registered sale deed vide deed No.63, year 1935, under Khata No.189, Plot No.1380, P.S. No.200, Mouza Hatma under Lalpur P.S. --1-- W.P. (Cr.) No. 431 of 2023 After purchase of the aforesaid land Mohan Oraon was in possession over the land and he has entered into a sale agreement with Ramesh Oraon on 11.08.2014 and after getting possession over the land Ramesh Oraon constructed Boundary wall about 100 foots height on the entire land and two gates (big & small) have been fixed on boundary wall on East Side. The complainant has acquired the aforesaid land from Ramesh Oraon though Agreement dated 26.06.2015 and since then he is in peaceful possession over the land and he also constructed one boundary wall over 20 kathas of land out of 2.18 acres land. It is alleged that on 17.04.2023, the accused persons came to the land and they are claiming the land on the basis of some forged documents prepared by them. It is alleged that the accused persons have furnished some xerox copy documents to the complainant which were enquired by the complainant and he approached to Ramesh Oraon and witness Rajesh Kumar Verma for genuineness of the papers but upon enquiry the papers furnished by the accused persons are found to be forged and fabricated. It is alleged that the above act committed by the accused persons the witness Rajesh Kumar Verma is also agreement holder of some part of land of Khata No.189, Plot No.1255 area 48 decimal, P.S. Lalpur, District Ranchi has lodged complaint Case No.4642 of 2022 before the Court of J.M., Ranchi where enquiry --2-- W.P. (Cr.) No. 431 of 2023 under Section 202 of Cr.P.C. was held and cognizance has been taken against the accused persons. It is alleged that from the perusal of the document, it is found that the documents are forged and fabricated which No. is 523R8 II-1955-1956 and which is not available at Ranchi Record Room for that one certificate has been issued by the in charge of Record Room Ranchi on 20.03.2022. It is alleged that previously one case under Section 144 Cr.P.C. vide No.M-980/14 has been initiated between the accused persons with Ramesh Oraon and Others where police report was submitted by the Lalpur Police. It is alleged that in the police report, it has been declared that Ramesh Oraon is in peaceful possession and constructed boundary wall 10 feet height over the land and also affixed two gates (big & small) on the east side of the land and according the order which has been passed by the S.D.M. Ranchi in favour of Ramesh Oraon and in finding of judgment, it has been stated by the learned S.D.M. that the accused persons has no concern with the land. It is stated and submitted that the accused No.1 has purchased the land from the other accused person knowingly and intentionally with full knowledge of forged document and he obtained the sale deed by using fraud practice and thereafter he has filed Title Suit No.428/2013 now O.S. No.185/2020 for declaring --3-- W.P. (Cr.) No. 431 of 2023 right title interest and possession, now pending in the Court of Sub- Judge-I, Ranchi. It is alleged that the accused persons with common intention under deep rooted conspiracy have trying to claim the land on the basis of the forged and fabricated document which is Government documents and hence they are liable for punishment under Sections 420, 467, 468, 471, 120B/34 of the IPC. It is alleged that the complainant has reported the matter to Lalpur Police for taking action against the accused persons and the copy of the said complaint has also served to City S.P. and Senior
Facts
S.P. Ranchi, but till date no FIR has been lodged nor any action has been taken against the accused person. 4. Learned counsel appearing for the petitioner submits that pursuant to filing of the said complaint petition, the learned Court has sent the case under Section 156(3) of Cr.P.C. and pursuant to that FIR has been registered being Lalpur P.S. Case No.130 of 2023. He submits that the learned Court has passed the order dated 03.05.2023 under Section 156(3) of Cr.P.C. He submits that for the civil wrong, if any, the complaint case has been filed which was converted into the FIR. According to him, one Rajesh Verma, who is a witness in the present complaint case has earlier filed a complaint case against the petitioner being Complaint Case No.4642 of 2022 in which the petitioner was summoned by order dated 25.07.2022 which was challenged before this Court in Cr.M.P. No.3484 of 2022 --4-- W.P. (Cr.) No. 431 of 2023 and a co-ordinate Bench of this Court by order dated 10.10.2023 has been pleased to quash the entire criminal proceeding. He submits that already a complaint case was filed in spite of that the present complaint case has been filed for the same plot. He further submits that petitioner is the purchaser of the land in question and in the complaint petition, it has been admitted that one Title Suit No.428 of 2013 now O.S. No.185 of 2020 for declaring right title interest and possession was already instituted by the petitioner which is pending in the Court of learned Sub Judge-I, Ranchi. He submits that, if any, case is made out that is civil in nature as such this petition may kindly be quashed. He submits that the case of the petitioner is covered in light of the order of Hon’ble Supreme Court in the case of Mohammed Ibrahim & Others versus State of Bihar & Another, reported in (2009) 8 SCC 751. 5. Learned counsel appearing for the State submits that pursuant to the direction of learned Court, the FIR has been registered. 6. Learned counsel appearing for the Respondent No.2 submits that case is made out in view of that the learned Court has rightly applied its mind and thereafter sent the complaint for institution of FIR under Section 156(3) of Cr.P.C. He submits that investigation is still going on and FIR has been registered and
Legal Reasoning
that is civil in nature. It is well settled that every breach of contract cannot be a subject matter of criminal trial as has been held by Hon’ble Supreme Court in the case of Mohammed Ibrahim & Others versus State of Bihar & Another, reported in (2009) 8 SCC 751. The petitioner is the purchaser of the land in question and the case of the petitioner is further strengthened in view of judgment of Hon’ble Supreme Court in the case of Md. Ibrahim (Supra). 9.
Arguments
whatever has been argued by the learned counsel appearing for the petitioner is a matter of trial and this matter may not be quashed at --5-- W.P. (Cr.) No. 431 of 2023 this stage. 7. In view of the above submission of learned counsel for the parties, the Court has gone through the contents of the FIR and the Court finds that the said complaint case was filed which was subsequently converted as a Lalpur P.S. Case No.130 of 2023 and the allegations are made of purchase of certain land. In the complaint petition, it is further disclosed that Section 144 Cr.P.C. proceeding was also initiated between the accused persons with Ramesh Oraon and Others. In the complaint petition, it is further admitted that Title Suit No.428 of 2013 now O.S. No.185 of 2020 is still pending before the Sub Judge-I, Ranchi which has been filed for title interest of the petitioner. It has not been denied that the petitioner is the purchaser. One Rajesh Verma, who is one of the witnesses of the present complaint case has earlier filed the complaint case being complaint Case No.4642 of 2022 in which the cognizance was taken and it was further challenged before this Court in Cr.M.P. No. 3484 of 2022 and the said complaint case as well as the order taking cognizance was quashed by order dated 10.10.2023 and for the same cause of action, the present complaint case was filed, however it was during the subsistence of the earlier complaint case. 8. The facts narrated hereinabove which has been found by this Court that title suit is also pending and 144 Cr.P.C. proceeding was also initiated which clearly suggests that dispute, if any, is there --6-- W.P. (Cr.) No. 431 of 2023
Decision
In view of the above facts, reasons and analysis to allow the proceeding to continue will amount to abuse of process of law as such the entire criminal proceeding including the order taking cognizance dated 03.05.2023 pending before the learned Judicial Magistrate, XXIV, Ranchi in Complaint Case No.3143 of 2023 converted into Lalpur P.S. Case No.130 of 2023 is hereby quashed. 10. This petition is allowed and disposed of. 11. It is made clear that so far title suit is concerned that will proceed in accordance with law without prejudice of this order as this order has been passed only considering the criminal aspect of the matter. Sangam/ A.F.R. (Sanjay Kumar Dwivedi, J.) --7-- W.P. (Cr.) No. 431 of 2023