Jharkhand High Court
Kameshwar Nath Sharma vs The State Of Jharkhand on 28 November, 2023
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1373 of 2015
Kameshwar Nath Sharma ..... ... Petitioner
Versus
1. The State of Jharkhand.
2. Hemant Kumar Gupta ..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate.
For the State : Mr. Rajneesh Vardhan, A.P.P.
For the O.P. No. 2 : Mr. Faruque Ansari, Advocate.
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04/ 28.11.2023 Heard Mr. A.K. Kashyap, learned senior counsel appearing for
the petitioner, Mr. Rajneesh Vardhan, learned A.P.P. for the State and Mr. Faruque Ansari, learned counsel appearing for the O.P. No. 2.
2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 13.01.2015, by which, cognizance for the offence under Section 406 of the Indian Penal Code has been taken against the petitioner, in connection with Complaint Case No. 1032 of 2014, pending in the court of learned Chief Judicial Magistrate, Palamu at Daltonganj.
3. Complaint was filed by the opposite party No.2, namely, Hemant Kumar Gupta in the Court of the learned Chief Judicial Magistrate, Palamau at Daltonganj, on 26.08.2014, which was registered as Complaint Case No. 1032 of 2014 against Kameshwar Nath Gupta (petitioner herein), Anugrah Narayan Sharma and Mumtaz Ali Ahmed. However, the cognizance has not been taken against Anugrah Narayan Sharma and Mumtaz Ali Ahmed, The allegations alleged in the complaint are as follows:-
The complainant is one of the partner of the Firm, namely, M/s D.K. Enterprises, which owns two vehicles one Scorpio bearing registration No. JH-03E-1166 and one water tanker bearing registration no. BR-15H-0185, which were purchased and ultimately the registered ownership was in the name of M/s D.K. Enterprises and the name of the petitioner has been shown as the In- charge of the Firm. It is further alleged that the petitioner herein (accused no.1 in the complaint) committed a forgery by showing a new Account without prior consent and information of the complainant and withdrew a sum of Rs. 60,00,000/- from the Punjab National Bank, Daltonganj Branch for which a criminal -2- case was preferred bearing Sadar (Town) Daltonganj Case No. 148 of 2012 under sections 420, 467, 468, 471, 120B of the Indian Penal Code.
It is further alleged that during the course of investigation Dy. Superintendent of Police, HQ-II on 4.5.2012 directed the Investigating Officer to seize the above vehicle and again on 17.08.2013 vide memo No. 2124 the Superintendent of Police, Palamau directed the supervising authority to issue a progress report and onward the Dy. S.P. HQ. II through memo no. 926 dated 14.08.2013 directed the Investigating Officer for seizure of the aforesaid vehicle and the same direction was again made by the then Superintendent of Police on 13.2.2014, but the vehicle was/were not seized by the Investigating Officer.
The complainant preferred a Misc. Petition No. 173 of 2013 dated 3.09.2013 apprehending the sale of the vehicle by the accused persons and further on 4.7.2013, 4.10.2013 and 5.10.2013 respectively submitted application through postal service before the Officer-in-charge, Town Daltonganj police station, the Superintendent of Police, Palamau at Daltonganj and Director General of Police, Jharkhand at Ranchi for seizure of the vehicle immediately, otherwise it was apprehended that the said vehicle might be sold by the accused petitioner.
It has further been alleged that when the complainant made several representations to the higher authorities through postal services as well as to the District Transport Officer, Palamau at Daltonganj, the District Transport Officer received the letter of the complainant but denied to give receipt to the letter, finding no alternative the complainant preferred an information petition on 8.07.2014 seeking information about the status of both the vehicles which was replied by the District Transport Officer (accused no.3 in the complaint) through letter no. 754 dated 08.08.2014 containing information that the ownership of the Scorpio vehicle bearing registration no. JH-03E-1166 has been transferred in the name petitioner whereas the accused-petitioner himself stood as the seller as wells the purchaser. The form Nos. 29 and 30 was filled up by the accused-petitioner in his -3- own having as a purchaser and affidavits were also executed by M/s D.K. Enterprises (Firm) in favour of the accused petitioner himself and all those illegal acts have been done with the joint and common conspiracy of all the accused persons. However, several existing partners of the Firm have neither consented for transfer nor he did signature on the affidavit, Form No. 29 and 30 and the sale certificates.
It is further alleged that the accused-petitioner on 07.04.2012 had come in the office of the firm M/s D.K. Enterprises existing in the house of the complainant and took forcibly some signed cheque book, letters pad, which were kept for payment and other requirement with regard to the Firm and accordingly some signed documents have been used for preparation of forged documents by preparing a forged and fabricated agreement in which one forged signature of Arbind Kumar Singh has also been used in the end page of that forged Agreement, though Arbind Kumar Singh has come in the partnership since 20.10.2012.
It is further alleged that the complainant with several witnesses have seen all the accused persons on several occasions on different places as well as even in the house of the accused petitioner and Anugrah Narayan Sharma.
It is further alleged that accused no. 3 Mumtaz Ali Ahmed (accused no.3 in the complaint) in connivance with the petitioner and Anugrah Narayan Sharma has committed the offence, for which all the accused persons are jointly responsible.
It is further submitted that the complainant was examined on S.A. on 02.09.2014.
4. Mr. A.K. Kashyap, learned senior counsel appearing for the petitioner submits that the scorpio vehicle bearing registration No. JH- 03-E-1166 was in possession of the petitioner pursuant to the division of the property of the proprietorship of firm namely M/s D.K. Enterprises. He submits that with respect to the said vehicle, a case was already registered being Sadar (Town) Daltonganj P.S. Case No. 148 of 2012, in which, the petitioner has received the notice under Section 41- A of the Cr.P.C., contained in Annexure-2. He further submits that for -4- the same allegation, the present complaint case has been filed, which is against the mandate of law and the same is in violation of Section 300 of the Cr.P.C. and Article 20(2) of the Constitution of India.
5. Mr. Ansari, learned counsel appearing for the O.P. No. 2 fairly submits that if two cases for the same occurrence is there, earlier one is go on. Identical is the submission of learned A.P.P. appearing for the State.
6. Looking into the contents of the complaint petition as well as the notice received under Section 41-A of the Cr.P.C. by the petitioner, which is contained in Annexure-2, the scorpio vehicle bearing registration number JH-03-E-1166 is the subject matter and this vehicle is also the subject matter of the FIR as well as the complaint petition. The learned court has been pleased to take cognizance. If the FIR was there, there is no need of filing the present complaint case and if such a situation is there, the case of the petitioner is fully covered under the provisions of Section 300 of the Cr.P.C. and Article 20(2) of the Constitution of India.
7. In view of the above, the entire criminal proceeding including the order taking cognizance dated 13.01.2015, by which, cognizance for the offence under Section 406 of the Indian Penal Code has been taken against the petitioner, in connection with Complaint Case No. 1032 of 2014, pending in the court of learned Chief Judicial Magistrate, Palamu at Daltonganj, are hereby, quashed.
8. This petition is allowed and disposed of.
9. It is made clear that this court has not interference with the criminal proceedings with regard to Sadar (Town) Daltonganj P.S. Case No. 148 of 2012.
(Sanjay Kumar Dwivedi, J.) Amitesh/-