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2023 DIGILAW 1406 (JHR)

Manoj Mohnani, son of Late Sundar Lal v. State of Jharkhand

2023-11-30

ANIL KUMAR CHOUDHARY

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JUDGMENT : (Anil Kumar Choudhary, J.) : Heard the parties. 2. This Writ Petition (Cr.) has been filed under Article 226 of the Constitution of India with a prayer for grant of an appropriate writ/order/direction for quashing the entire criminal prosecution including the First Information Report in connection with Sakchi P.S. Case No.166 of 2020 corresponding to G.R. No.159 of 2021 registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471, 120B of the Indian Penal Code and Section 7 of the Essential Commodities Act, 1955; now pending in the court of learned Sub Divisional Judicial Magistrate, Jamshedpur. 3. The brief facts of the case is that though the petitioner is not named in the F.I.R. as an accused, he approached this Court by filing Anticipatory Bail Application No.1991 of 2022 and vide order dated 22.03.2022 passed by this Court upon his undertaking to deposit Rs.1,50,000/- with the Deputy Commissioner, East Singhbhum, Jamshedpur, the petitioner was given the privileges of anticipatory bail but the petitioner did not honour the undertaking given by him of depositing the said amount of Rs.1,50,000/- with the Deputy Commissioner, East Singhbhum, Jamshedpur and in spite of being given the privileges of anticipatory bail, the petitioner did not surrender before the court below till today. The allegation against the petitioner is that the petitioner being the cousin brother of the co-accused Sanjay Mohnani and Deepak Mohnani; indulged in hoarding of food-grains of Public Distribution System and transferring the food-grains of Public Distribution System from the bags of F.C.I. to other sacks and the petitioner was thus involved in committing the offences of cheating, forgery, using false documents as genuine and criminal breach of trust and has committed the aforesaid offences in criminal conspiracy with the co-accused persons. 4. Learned counsel for the petitioner submits that the petitioner does not know the allegation against him. No offence punishable under Section 7 of the Essential Commodities Act is made out nor any offence for which the F.I.R. has been registered, is made out. Hence, it is submitted that appropriate writ/order/direction be issued for quashing the entire criminal prosecution including the First Information Report in connection with Sakchi P.S. Case No.166 of 2020 corresponding to G.R. No.159 of 2021 which is now pending in the court of learned Sub Divisional Judicial Magistrate, Jamshedpur. 5. Hence, it is submitted that appropriate writ/order/direction be issued for quashing the entire criminal prosecution including the First Information Report in connection with Sakchi P.S. Case No.166 of 2020 corresponding to G.R. No.159 of 2021 which is now pending in the court of learned Sub Divisional Judicial Magistrate, Jamshedpur. 5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer for quashing the entire criminal prosecution including the First Information Report in connection with Sakchi P.S. Case No.166 of 2020 corresponding to G.R. No.159 of 2021 which is now pending in the court of learned Sub Divisional Judicial Magistrate, Jamshedpur and submits that the petitioner is a habitual fraud and has played fraud upon this Court as well. Drawing attention of this Court towards the order dated 22.03.2022 passed by this Court in Anticipatory Bail Application No.1991 of 2022, learned Spl.P.P. submits that the petitioner of this Writ Petition (Cr.) was also the petitioner of the said Anticipatory Bail Application No.1991 of 2022 and in that case through the advocate engaged by the petitioner; the petitioner in no uncertain terms submitted before this Court that the allegations against the petitioners are known to him under oath through his Pairvikar namely Rajendra Singh but he has committed fraud by making an averment in para-10 of the writ petition that he does not know what is the allegation against him and how he is connected with the case. It is next submitted that as there is direct and specific allegation against the petitioner of having committed the offences as already indicated above in criminal conspiracy with the co-accused persons and the investigation of the case against the petitioner is going on but because of the order of ‘No coercive steps’ passed by a co-ordinate Bench of this Court vide order dated 07.07.2022, the investigation could not be completed and the petitioner is also not co-operating with the investigation of the case but the co-accused persons against whom charge-sheet has already been submitted by police after due investigation of the case, have stated about the involvement of the petitioner in the offences for which the F.I.R. of the case has been registered. Hence, it is submitted that this Writ Petition (Cr.), being without any merit, be dismissed. 6. Hence, it is submitted that this Writ Petition (Cr.), being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, the fraudulent act of the petitioner is apparent from the facts of the case. As has rightly been submitted by the learned Spl.P.P. appearing for the State that the petitioner through his advocate submitted before this Court in Anticipatory Bail Application No.1991 of 2022 the allegation against him but he has sworn a false affidavit through his Pairvikar by making averment in para-10 of the instant writ petition that he does not know what is the allegation against him. Perusal of the record reveals that there is direct and specific allegation against the petitioner of having committed the offences punishable under Sections 406, 409, 420, 467, 468, 471, 120B of the Indian Penal Code and Section 7 of the Essential Commodities Act and as mentioned in the counter-affidavit that during the investigation of the case so far, sufficient material has been found during the investigation to implicate the petitioner with the said offences and charge-sheet has been submitted against the co-accused persons. 7. Considering the fact that there is direct allegation of serious nature against the petitioner of having committed serious offences and keeping in view of the conduct of the petitioner, as already mentioned above, this Court is of the considered view that this is not a fit case where any writ/order/direction be issued for quashing the entire criminal prosecution including the First Information Report in connection with Sakchi P.S. Case No.166 of 2020 corresponding to G.R. No.159 of 2021 which is now pending in the court of learned Sub Divisional Judicial Magistrate, Jamshedpur. 8. Accordingly, the prayer of the petitioner to issue appropriate writ/order/direction for quashing the entire criminal prosecution including the First Information Report in connection with Sakchi P.S. Case No.166 of 2020 corresponding to G.R. No.159 of 2021 which is now pending in the court of learned Sub Divisional Judicial Magistrate, Jamshedpur; being devoid of any merit is rejected and consequently this W.P. (Cr.), is dismissed. 9. In view of disposal of the instant W.P. (Cr.), interim relief granted to the petitioner vide order dated 07.07.2022 stands vacated. 10. Registry is directed to intimate the court concerned forthwith.