JHARKHAND HIGH COURT ISSUES ORDER ON MD. MANAN ALAM AND ANR. V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Sept. 19 -- Jharkhand High Court issued the following order on Aug. 19:

1. 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 a prayer to quash and set aside the entire criminal proceeding including the order dated 04.02.2020 passed by learned Judicial Magistrate-1st Class, Chatra in Complaint Case No.115 of 2018 whereby and where under the learned Judicial Magistrate-1st Class, Chatra has found prima facie case for the offences punishable under Sections 465, 467, 468 and 471 of the Indian Penal Code inter alia against the petitioner.

3. The brief facts of the case is that this Complaint Case No.115 of 2018 was dismissed by the learned Judicial Magistrate-1st Class, Chatra under Section 203 of the Cr.P.C. vide order dated 08.03.2019. The opposite party no.2 of this Cr.M.P. filed Criminal Revision No.24 of 2019 in the Court of learned Additional Sessions Judge-V, Chatra and the learned Additional Sessions Judge-V, Chatra allowed the criminal revision and set aside the said order dated 08.03.2019 passed by the learned Judicial Magistrate-1st Class, Chatra, after observing that in that case, the accused persons forged the signature of the complainant and pressurized the complainant to register the land as mentioned in the forged agreement, so obviously the offence of forgery was committed. The said order dated 26.11.2019 passed by the learned Additional Sessions Judge-V, Chatra has attained finality, as the same has not been challenged by the petitioner in any superior court, as the said order passed in Criminal Revision No.24 of 2019 dated 26.11.2019 was binding upon the learned Judicial Magistrate-1st Class, Chatra, so in compliance of the said order, the learned Judicial Magistrate-1st Class, Chatra vide order dated 04.02.2020 found prima facie case for the offences punishable under Sections 465, 467, 468 and 471 of the Indian Penal Code inter alia against the petitioner.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is false. It is next submitted that the order dated 08.03.2019 was passed by the learned Judicial Magistrate-1st Class, Chatra and in compliance of the order dated 26.11.2019 passed in Criminal Revision No.24 of 2019, the learned Judicial Magistrate-1st Class, Chatra has not justified in taking cognizance vide impugned order dated 04.02.2020, hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P, be allowed.

5. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submit that the undisputed facts remains that the order dated 26.11.2019 passed in Criminal Revision No.24 of 2019 has attained finality; the same having not been challenged before any superior court. The undisputed facts also remains that the directions and observations made by the learned Additional Sessions Judge-V, Chatra in Criminal Revision No.24 of 2019 is binding upon the learned Judicial Magistrate-1st Class, Chatra, so the learned Judicial Magistrate-1st Class, Chatra in view of the said order passed by the learned Additional Sessions Judge-V, Chatra in Criminal Revision No.24 of 2019, was left with no option but to find prima facie case, hence, the learned Judicial Magistrate-1st Class, Chatra having found prima facie case in view of the categorical observations made by the learned Additional Sessions Judge-V, Chatra; it is submitted that there is absolutely no illegality committed by the learned Judicial Magistrate-1st Class, Chatra. It is lastly submitted that this Cr.M.P., being without any merit, be dismissed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dxbOjE%2F9mkhuMAIZoCfMJAGGxiFJ5OBDRPiFbiMT5tTF&caseno=Cr.M.P./1349/2020&cCode=1&cino=JHHC010114412020&state_code=7&appFlag=)

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