Jharkhand High Court
Abbas Miyan vs The State Of Jharkhand ... .... Opp. ... on 6 February, 2023
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 1534 of 2022
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1. Abbas Miyan
2. Subhani Miyan
3. Ead Mohammad @ Idrish Ansari ... .... Petitioners Versus The State of Jharkhand ... .... Opp. Party
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Petitioners : M/s J.S. Singh & Sahil, Advocates For the State : Mrs. Vandana Bharti, A.P.P.
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Oral Order 06 / Dated : 06.02.2023
1. The instant criminal misc. petition has been filed for quashing the entire criminal proceeding as well as the FIR of Koderma P.S. Case No. 55 of 2018 (G.R. No. 297 of 2018) registered under Sections 467, 468, 471 of IPC.
2. The FIR has been registered by the In-charge of the Record Room, Koderma and the case is sequel to a complaint received in the Grievance Cell of Hon'ble the Chief Minister dated 10.03.2016 on the basis of which Misc. Case No. 4/ 2017-18 was registered. The principal allegation is that there had been interpolation in the original Khatiyan of Khata Nos. 130 and 131 of Village Raghuniadih, Thana No. 85 in the district of Koderma. An enquiry was held by the Deputy Collector, Koderma and the enquiry report was submitted on 09.02.2018 to the Deputy Commissioner regarding the following findings:
a. In the original Khatiyan there had been interpolations; b. The aggrieved party should move the Settlement Office, Hazaribagh; c. Original Khatiyan was not available in the Record Room and as long as original record is not obtained any certificate, copy of the said Khatiyan will not be issued.
On the basis of the enquiry report, the FIR has been lodged against unknown.
3. It is submitted by learned counsel for the petitioners that the petitioners have moved for quashing of the FIR for the reason that part of the said land is in their possession. Further, the Khatiyan had not been used in any civil or revenue or criminal proceeding by the petitioners and unless the Original Khatiyan is obtained, the very basis of the prosecution case that there had been interpolation to make the offence of forgery, will not be made out. All the petitioners are senior citizens and two of them are above 90 years and one is 87 years.
4. It is submitted by learned counsel for the State that during investigation the case has been found to be true against the petitioners. The witnesses have supported that interpolations were made in the Khatiyan and there are triable issues.
In view of the above, I do not find any merit in the instant petition. Criminal miscellaneous petition accordingly stands rejected.
(Gautam Kumar Choudhary, J.) AKT