In Prima-facie There Is Nothing Which Affixes Culpability Or Constitutes Comission Of Offences Including Mensrea In The Part Of The Petitioner The Court Can Exercise It’s Power- High Court of Jharkhand
TITLE -Mahesh Minz& ors vs The state of Jharkhand with B.K.N Kishore Vs The state of Jharkhand &ors With Sanjay sahay vs The state of Jharkhand
DECIDED ON -10/11/2023
+Cr.M.P No.1519/2009
CORAM-Hon’ble Justice Mr.Sanjay Kumar Dwivedi
INTRODUCTION
As per the petitioners petition is for quashing the entire criminal proceedings including the order taking cognizance dated on 17/06/2008 for the offences under 380,409and34 of IPC with the complainant case no.1159/2006 pending in the court of learned Judicial Magistrate 1st class ,Ranchi.In The Cr.M.P 1078/2013 where petition has prayed to quash the entire criminal proceedings including the order dated on 24/01/2013 filed under section 245 Cr.P.C discharge was rejected in connection with complaint case no.1159/2006 pending in the court of learned Judicial Magistrate 1st class Ranchi.
FACTS
As per the facts this is the protest-cum-complaint petition where it has been alleged that the complainant with his wife has joint lessee locker leased by Punjab National Bank,main road Ranchi.As on 9/06/2003 complainant with his son and daughter in law went to operate the said locker after opening the same found that the gold article are missing which were kept in small box and immediately informed the locker in charge after not getting satisfactory reply they went to the Branch manager and found that the locker can be easily be opened fire which they reported to the local police and FIR was lodged and The police filed the final form with no clue under section 379 of the IPC.The complainant also filed a complaint -cum-protest petition and after the enquiry the learned Judicial Magistrate 1st class Ranchi ordered the cognizance offence under section 380/409/34 of IPC Against the petitioners/ accused along with other 5 co accused.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court it appears that the nature of agreement in view of hiring agreement cannot be equated with the bailment.In view of hiring of locker of transaction create a relationship of landlord and tenant.The banker can only Operate the locker with a master key and the hire can only access to the locker for a specified banking hours with the bankers don’t have and if such situations is there transaction of bailment could only be established by the provisions of section 148 if Indian Contact act.The title suit is still pending and if such case is there the criminality is not made out.There is no doubt it the criminality is made out the criminal and civil both cases can go on but it not made out allow to continue in same proceeding will amount to abuse if the process of law.For the discharge of petition the court can consider if prima-facie there is nothing affixes culpability or constitutes comission of offence including mensrea on the part of petitioner the court can exercise its power.Hereby the entire criminal proceedings including Petition Cr.M.P No.1078/2013 entire criminal proceedings the order dated 24/01/2013 were a petition filed under section 245 Cr.PC for discharge was rejected connected with complaint case pending before the learned Judicial Magistrate 1st class Ranchi are here by Quashed and all these petitions are allowed and disposed of.
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Written by- Prachee Novo Mukherjee
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