RIPUNJAY PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the respondent No.2.

(2.) The prayer in the petition is made for quashing of the entire criminal proceeding including the order dtd. 3/5/2023 passed by learned Judicial Magistrate, XXIV, Ranchi in Complaint Case No.3143 of 2023 converted into Lalpur P.S. Case No.130 of 2023, whereby the learned Court has been pleased to send the application under Sec. 156(3) of the Cr.P.C.

(3.) The complaint case was filed alleging therein that the respondent No.2 has filed a complaint before the Court of learned Judicial Magistrate, Ranchi wherein it has been alleged that one Mohan Oraon has purchased a piece of land about 2.18 acres through registered sale deed vide deed No.63, year 1935, under Khata No.189, Plot No.1380, P.S. No.200, Mouza Hatma under Lalpur P.S. After purchase of the aforesaid land Mohan Oraon was in possession over the land and he has entered into a sale agreement with Ramesh Oraon on 11/8/2014 and after getting possession over the land Ramesh Oraon constructed Boundary wall about 100 foots height on the entire land and two gates (big & small) have been fixed on boundary wall on East Side. The complainant has acquired the aforesaid land from Ramesh Oraon though Agreement dtd. 26/6/2015 and since then he is in peaceful possession over the land and he also constructed one boundary wall over 20 kathas of land out of 2.18 acres land. It is alleged that on 17/4/2023, the accused persons came to the land and they are claiming the land on the basis of some forged documents prepared by them. It is alleged that the accused persons have furnished some xerox copy documents to the complainant which were enquired by the complainant and he approached to Ramesh Oraon and witness Rajesh Kumar Verma for genuineness of the papers but upon enquiry the papers furnished by the accused persons are found to be forged and fabricated. It is alleged that the above act committed by the accused persons the witness Rajesh Kumar Verma is also agreement holder of some part of land of Khata No.189, Plot No.1255 area 48 decimal, P.S. Lalpur, District Ranchi has lodged complaint Case No.4642 of 2022 before the Court of J.M., Ranchi where enquiry under Sec. 202 of Cr.P.C. was held and cognizance has been taken against the accused persons. It is alleged that from the perusal of the document, it is found that the documents are forged and fabricated which No. is 523R8 II-1955-1956 and which is not available at Ranchi Record Room for that one certificate has been issued by the in charge of Record Room Ranchi on 20/3/2022. It is alleged that previously one case under Sec. 144 Cr.P.C. vide No.M-980/14 has been initiated between the accused persons with Ramesh Oraon and Others where police report was submitted by the Lalpur Police. It is alleged that in the police report, it has been declared that Ramesh Oraon is in peaceful possession and constructed boundary wall 10 feet height over the land and also affixed two gates (big & small) on the east side of the land and according the order which has been passed by the S.D.M. Ranchi in favour of Ramesh Oraon and in finding of judgment, it has been stated by the learned S.D.M. that the accused persons has no concern with the land. It is stated and submitted that the accused No.1 has purchased the land from the other accused person knowingly and intentionally with full knowledge of forged document and he obtained the sale deed by using fraud practice and thereafter he has filed Title Suit No.428/2013 now O.S. No.185/2020 for declaring right title interest and possession, now pending in the Court of Sub-Judge-I, Ranchi. It is alleged that the accused persons with common intention under deep rooted conspiracy have trying to claim the land on the basis of the forged and fabricated document which is Government documents and hence they are liable for punishment under Ss. 420, 467, 468, 471, 120B/34 of the IPC. It is alleged that the complainant has reported the matter to Lalpur Police for taking action against the accused persons and the copy of the said complaint has also served to City S.P. and Senior S.P. Ranchi, but till date no FIR has been lodged nor any action has been taken against the accused person.