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Jharkhand High Court · body

2017 DIGILAW 369 (JHR)

Ram Janam Singh v. State of Jharkhand

2017-02-22

ANANDA SEN

body2017
Order : In this application the petitioners have prayed for quashing the entire criminal proceeding including the FIR in connection with Sonari P.S. case no.68 of 2016, corresponding to G.R. No.894 of 2016 lodged under Sections 420, 465, 468 and 471 of the Indian Penal Code. 2. I have heard counsel for the petitioners, Additional Public Prosecutor and the counsel, who has appeared on behalf of the informant by filing Vakalatnama suo motu. 3. Since the matter relates to quashing of the FIR, it is not necessary to call for any affidavit from the side of the informant or the State. It is well settled proposition of law, that from bare perusal of a FIR, if any offence is made out, FIR cannot be quashed. Thus, this Court feels that there is no scope of calling for any affidavit in opposition from the informant or the State in these type of cases. The only document which is to be seen for deciding these type of cases is the FIR and nothing else. Thus, I am deciding the entire case solely after going through the FIR and I am not considering any other document attached with this application. 4. An FIR has been lodged by one Shiv Sadhan Chakraborty stating therein that in spite of the order of stay of Election of Co-operative Society by the Sub-divisional Officer, Dhalbhum, Jamshedpur, the petitioners and others were trying to conduct the Election of the Co-operative Society. In the FIR it has been submitted that a General Body Meeting was convened, which was illegal. The informant further states that he immediately complained before the Sub-divisional Officer which resulted of issuance of the order dated 29.3.2016, as contained in memo no.1242, by which the Election of the Society was stayed. He submits that after General Body Meeting was stayed, no meeting had taken place, but in spite of said fact, the accused persons in the letter head of the Co-operative Society issued press release to the effect that meeting was held and some resolutions have been passed. 5. This is the sum and substance of the FIR which has been lodged and registered under Sections 420, 465, 468 and 471 of the Indian Penal Code. 6. Section 420 of the Indian Penal Code prescribes punishment for cheating and dishonestly inducing delivery of property. Section 415 defines cheating. Further Section 465 prescribes punishment for forgery. 5. This is the sum and substance of the FIR which has been lodged and registered under Sections 420, 465, 468 and 471 of the Indian Penal Code. 6. Section 420 of the Indian Penal Code prescribes punishment for cheating and dishonestly inducing delivery of property. Section 415 defines cheating. Further Section 465 prescribes punishment for forgery. Section 468 prescribes punishment for forgery for the purpose of cheating. Forgery is defined under Section 463 of the Indian Penal Code. Section 471 provides for punishment for using as genuine a forged document. 7. From perusal of the FIR, it is quite clear that there is no allegation of using any forged document. There is an allegation of using letter head of the Co-operative Society by these petitioners through which a press release was given that an Election has been held. By no stretch of imagination, this allegation can attract the provision of Sections 465, 468, 471 or 420 of the Indian Penal Code. The other allegation in the FIR is that these petitioners and others without holding the General Body Meeting and without adopting any resolution has given a press release. This allegation also cannot attract any of the aforesaid sections. 8. An FIR can only be quashed in rarest of the rare cases. It can be quashed when only from bare perusal of the contents of the FIR, no offence at all is made out. Thus, while applying the said proposition, I find that the allegations levelled in the FIR do not constitute any offence, far less an offence under Sections 420, 465, 468 and 471 of the Indian Penal Code. 9. Thus, this case is one of the rarest of the rare cases where the FIR is liable to be quashed. Since no offence at all is made out, I quash the FIR lodged in connection with Sonari P.S. case no.68 of 2016, corresponding to G.R. No. 894 of 2016 under Sections 420, 465, 468 and 471 of the Indian Penal Code. Accordingly, the entire criminal proceeding stands quashed. This application stands allowed.