JUDGMENT : Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 31.01.2022 passed by learned Judicial Magistrate-1st Class, Palamau at Daltonganj in connection with Patan P.S. Case No.38 of 2019 corresponding to G.R. No.485 of 2022 whereby and where under cognizance for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code has been taken against the petitioner differing with the Final Form submitted by the Investigating Officer of the case, after finding prima facie case to proceed against the petitioner as well as the entire criminal proceeding arising out of said case and the said case is now pending in the court of learned Judicial Magistrate-1st Class, Palamau at Daltonganj. 3. The brief fact of the case is that the petitioner is the partner of M/s. S.S. Infrastructure Co. which was awarded a tender for executing the work of Extension, Restoration and Modernization of Jinjoyi Irrigation Scheme under the District of Palamau. It is alleged that though the said M/s. S.S. Infrastructure Co. was having experience certificate of carrying out the work of Rs.3,40,00,000/- but the experience certificate submitted by the said M/s. S.S. Infrastructure Co. purportedly issued by the office of the Executive Engineer, Water Resources Division-I, Ambikapur showed that M/s. S.S. Infrastructure Co. has done the work worth Rs.18,40,00,000/-; hence, it is alleged that the same was done by way of forgery to enable M/s. S.S. Infrastructure Co. to be eligible to participate in the said tender and subsequently the tender was awarded in favour of M/s. S.S. Infrastructure Co. and after completion of the work, full payment has been made to the said M/s. S.S. Infrastructure Co. During the course of investigation it transpired that the informant approached the petitioner and the other partners of the said M/s. S.S. Infrastructure Co. for participating in the said tender and the relevant documents of M/s. S.S. Infrastructure Co. were handed over to the informant by the petitioner in a pen-drive and the informant with an intention to implicate the petitioner and co-accused persons, edited and interpolated the documents given by the instant petitioner namely Santosh Kumar Choudha to him and replaced the amount of work done by the said M/s. S.S. Infrastructure Co. from Rs.3,40,00,000/- to Rs.18,40,00,000/-. were handed over to the informant by the petitioner in a pen-drive and the informant with an intention to implicate the petitioner and co-accused persons, edited and interpolated the documents given by the instant petitioner namely Santosh Kumar Choudha to him and replaced the amount of work done by the said M/s. S.S. Infrastructure Co. from Rs.3,40,00,000/- to Rs.18,40,00,000/-. Police after investigation of the case submitted Final Form and did not send up the petitioner and the co-accused of the said case for trial for lack of evidence against them. The learned Magistrate vide its order dated 31.01.2022 has observed that the instant petitioner namely Santosh Kumar Choudha handed over the documents of M/s. S.S. Infrastructure Co. and he is the beneficiary of the work allotted to M/s. S.S. Infrastructure Co. and it is a matter of trial as to who has fabricated the document but the conduct of the accused creates suspicion and went on to find prima facie case for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code and also found prima facie case to proceed against the petitioner of the instant Cr.M.P. 4. Mr. R. S. Mazumdar- learned senior counsel appearing for the petitioner submits that the instant petitioner is the only active partner in the said M/s. S.S. Infrastructure Co. and the petitioner No.1 of Cr.M.P. No.1003 of 2022 namely Sandhya Choudha is the wife of the instant petitioner namely Santosh Kumar Choudha and she is only a sleeping partner. It is next submitted that the informant taking the advantage of the faith of the instant petitioner namely Santosh Kumar Choudha, submitted online tender after manipulating some papers and also fraudulently shown himself as the Manager of the said M/s. S.S. Infrastructure Co.. It is then submitted that because of the illegal activity of the informant/complainant as the informant/complainant has misappropriated huge amount of money of M/s. S.S. Infrastructure Co.; after some initial work, he was removed from the work with effect from 30.06.2017. The informant thereafter demanded extortion of Rs.50,00,000/-. It is then submitted that because of the illegal activity of the informant/complainant as the informant/complainant has misappropriated huge amount of money of M/s. S.S. Infrastructure Co.; after some initial work, he was removed from the work with effect from 30.06.2017. The informant thereafter demanded extortion of Rs.50,00,000/-. It is then submitted that the Investigating Officer, after investigation of the case, submitted Final Form No.121 of 2020 dated 31.10.2020 and upon being noticed, the informant appeared and filed an application under Section 173 (8) of the Cr.P.C. for further investigation which was also allowed vide order dated 12.02.2021 but after further investigation also police again submitted supplementary Final Form No.100 of 2021 not only contending lack of evidence against the petitioner and the co-accused persons but also intimating that the involvement of the informant was found in the alleged act of interpolation. The informant then appeared and filed protest petition. Thereafter, vide order dated 31.01.2022, the learned Magistrate took cognizance and found prima facie case against the petitioner and the co-accused person. 5. It is next submitted by the learned senior counsel for the petitioner that the allegation against the petitioner is vague. Neither any person has stated nor is there any material in the record to suggest that the petitioner has forged any document. It is then submitted that there is no allegation against the petitioner of cheating anybody or inducing anybody to deliver any property or having dishonestly induced anybody to part with any property. Hence, the offence punishable under Section 420 of the Indian Penal Code is not made out either. It is next submitted that in the absence of any material to suggest that the petitioner has created any false document or having used any false document as genuine, the offence punishable under Sections 467 or 468 or 471 of the Indian Penal Code is not made out against the petitioner. Hence, it is submitted that the order dated 31.01.2022 passed by learned Judicial Magistrate-1st Class, Palamau at Daltonganj in connection with Patan P.S. Case No.38 of 2019 corresponding to G.R. No.485 of 2022 as well as the entire criminal proceeding arising out of said case which is now pending in the court of learned Judicial Magistrate-1st Class, Palamau at Daltonganj, be quashed and set aside. 6. 6. Learned Addl.P.P. appearing for the State and learned senior counsel appearing for the opposite party No.2 on the other hand vehemently oppose the prayer for quashing and setting aside the order dated 31.01.2022 passed by learned Judicial Magistrate-1st Class, Palamau at Daltonganj in connection with Patan P.S. Case No.38 of 2019 corresponding to G.R. No.485 of 2022 as well as the entire criminal proceeding arising out of said case which is now pending in the court of learned Judicial Magistrate-1st Class, Palamau at Daltonganj. Learned senior counsel appearing for the opposite party No.2 submits that there is no dispute that the purported certificate issued by the office of the Executive Engineer, Water Resources Division-I, Ambikapur shows that the experience certificate issued by the office of Executive Engineer, Water Resources Division-I, Ambikapur in connection with Rajauti Anikat, the contract amount was Rs.1,840/- lakh and admittedly the petitioner also does not dispute that M/s. S.S. Infrastructure Co. has submitted a document along with the tender to the effect that it has done the work for Rs.18,40,00,000/-. Hence, without doubt the copy of the document kept at page-35, which is the purported experience certificate issued by the office of the Executive Engineer, Water Resources Division-I, Ambikapur is a forged document. It is then submitted that since the petitioner is the beneficiary of the said work; hence the only presumption goes to show that the petitioner has committed forgery. It is then submitted that therefore no illegality has been committed in passing the order dated 31.01.2022 by learned Judicial Magistrate-1st Class, Palamau at Daltonganj in connection with Patan P.S. Case No.38 of 2019 corresponding to G.R. No.485 of 2022 as well as the entire criminal proceeding arising out of said case which is now pending in the court of learned Judicial Magistrate-1st Class, Palamau at Daltonganj. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that three witnesses namely Ashok Kumar Yadav whose statement has been recorded in para-140 of the case diary, Md. Anwari Firdousi whose statement has been recorded in para-141 of the case diary and Md. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that three witnesses namely Ashok Kumar Yadav whose statement has been recorded in para-140 of the case diary, Md. Anwari Firdousi whose statement has been recorded in para-141 of the case diary and Md. Alim whose statement has been recorded in para-140 of the case diary have stated in unison that the instant petitioner namely Santosh Kumar Choudha along with the petitioners of Cr.M.P. No.1003 of 2022 namely Sandhya Choudha and Rajeev Choudha were not aware about that the informant at the time of submitting the tender paper, has manipulated and edited the amount of Rs.3,40,00,000/- as mentioned in the experience certificate and made the same to be Rs.18,40,00,000/- to implicate the instant petitioner namely Santosh Kumar Choudha in the instant case. Hence, it is crystal clear that the only evidence available in the record goes to show that it is the informant who has committed the forgery. So, there is absolutely no material in the record to suggest that the instant petitioner namely Santosh Kumar Choudha as well as the petitioners of Cr.M.P. No.1003 of 2022 namely Sandhya Choudha and Rajeev Choudha are in any way involved in the commission of offence of forgery or using any forged document as genuine; as admittedly the informant submitted the document of experience certificate along with tender and it is neither the instant petitioner namely Santosh Kumar Choudha nor the petitioners of Cr.M.P. No.1003 of 2022 namely Sandhya Choudha and Rajeev Choudha who submitted the documents along with tender documents. 8. So far as the offence punishable under Section 420 of the Indian Penal Code is concerned, there is absolutely no allegation against the petitioner of having cheated anybody or having dishonestly induced anybody to part with any property or to make or to destroy whole or any part of any valuable security and undisputedly the Department of Government which floated the tender; upon completion of the work, has no grievance against the instant petitioner. Undisputedly, the amount for which the work was done by the company of the petitioner has been paid to the said company by the concerned department of the government, which goes to show, that the work was satisfactorily completed. Undisputedly, the amount for which the work was done by the company of the petitioner has been paid to the said company by the concerned department of the government, which goes to show, that the work was satisfactorily completed. Hence, the offence punishable under Section 420 of the Indian Penal Code is not made out. As in the absence of any material against the petitioner, the learned Judicial Magistrate-1st Class, Palamau at Daltonganj has found prima facie case to proceed against the petitioner along with two other accused persons having committed the offences punishable under sections 420, 467, 468, 471 of the Indian Penal Code, hence, this Court is of the considered view that the order dated 31.01.2022 passed by learned Judicial Magistrate-1st Class, Palamau at Daltonganj in connection with Patan P.S. Case No.38 of 2019 corresponding to G.R. No.485 of 2022 as well as the entire criminal proceeding arising out of said case which is now pending in the court of learned Judicial Magistrate-1st Class, Palamau at Daltonganj is not sustainable in law as the continuation of the same against the petitioner will amount to abuse of process of law. 9. Accordingly, the order dated 31.01.2022 passed by learned Judicial Magistrate-1st Class, Palamau at Daltonganj in connection with Patan P.S. Case No.38 of 2019 corresponding to G.R. No.485 of 2022 as well as the entire criminal proceeding arising out of said case which is now pending in the court of learned Judicial Magistrate-1st Class, Palamau at Daltonganj, is quashed and set aside qua the petitioner. 10. In the result, this Cr.M.P. stands allowed. 11. In view of disposal of the instant Cr.M.P., interim relief granted to the petitioner vide order dated 04.07.2022 stands vacated.