Gopal Prasad Sinha vs The State Of Jharkhand on 23 April, 2026

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    Jharkhand High Court

    Gopal Prasad Sinha vs The State Of Jharkhand on 23 April, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                                   (2026:JHHC:12038)
    
    
    
                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr.M.P. No. 3808 of 2023
    
    
               Gopal Prasad Sinha, aged about 83 years, son of late Yamuna Lal,
               resident of near Hanuman Mandir, Booti More, Gate No.2, Dipatoli,
               P.O. & P.S.- Dipatoli, Dist.-Ranchi (Jharkhand)
                                                     ....             Petitioner
                                              Versus
               1. The State of Jharkhand
               2. Naresh Kumar Pandit, son of Mahabir Pandit, resident of Gousala
                  Road,    P.O.-Jhumari  Telaiya,    P.S.-Telaiya,  Dist.-Koderma
                  (Jharkhand)
                                                  ....               Opp. Parties
    
                                          PRESENT
    
                    HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                          .....
    

    For the Petitioner : Mr. Pratiush Lala, Advocate
    : Mr. Deepak Sahu, Advocate
    For the State : Mr. Pankaj Kumar, P.P.
    For O.P. No.2 : Mr. Aditya Kr. Choudhary, Advocate
    : Mr. Anil Kumar Sinha, Advocate
    …..

    By the Court:-

    SPONSORED

    1. Heard the parties.

    2. This criminal miscellaneous petition has been filed invoking the

    jurisdiction of this Court under Section 482 of Cr.P.C. with the

    prayer to quash the entire criminal proceeding including the order

    dated 23.02.2022 passed by the learned Chief Judicial Magistrate,

    Ranchi in connection with Complaint Case No.3196 of 2019

    whereby and where under, the learned Chief Judicial Magistrate,

    Ranchi has found prima facie case of the offences punishable under

    Sections 323, 341, 420, 467, 468, 471, 120B, 34 of the Indian Penal

    Code.

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    (2026:JHHC:12038)

    3. The allegation against the petitioner is that the petitioner

    claiming himself to be the son of Jamuna Prasad Sinha executed a

    power of attorney in favour of Atik Iqbal and Atik Iqbal in

    capacity of power of attorney holder of the petitioner; has sold the

    land which was earlier sold in favour of the complainant by his

    vendor; to Uttam Kumar. It is further alleged that the petitioner

    claims to be the legal heir of Jamuna Prasad Sinha on the basis of a

    wrong genealogy.

    4. On the basis of the complaint, statement of the complainant on

    solemn affirmation and the statement of the inquiry witnesses, the

    learned Chief Judicial Magistrate, Ranchi has found prima facie

    case of the offence and passed summoning order as already

    indicated above.

    5. It is submitted by the learned counsel for the petitioner by

    relying upon the judgment of the Hon’ble Supreme Court of India

    in the case of Md. Ibrahim & Ors. vs. State of Bihar & Anr.

    reported in (2009) 8 SCC 751, paragraph no. 23 to 25 of which

    reads as under:-

    “A clarification

    23. When we say that execution of a sale deed by a
    person, purporting to convey a property which is not his, as
    his property, is not making a false document and therefore
    not forgery, we should not be understood as holding that
    such an act can never be a criminal offence. If a person sells a
    property knowing that it does not belong to him, and thereby
    defrauds the person who purchased the property, the person
    defrauded, that is the purchaser, may complain that the
    vendor committed the fraudulent act of cheating. But a third
    party who is not the purchaser under the deed may not be
    able to make such complaint.

    24. The term ‘fraud’ is not defined in the Code. The
    dictionary definition of ‘fraud’ is “deliberate deception,
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    Cr.M.P. No.3808 of 2023
    (2026:JHHC:12038)

    treachery or cheating intended to gain advantage”. Section
    17
    of the Contract Act, 1872 defines ‘fraud’ with reference to
    a party to a contract.

    25. In Dr. Vimla vs. Delhi Administration – AIR 1963
    SC 1572, this Court explained the meaning of the expression
    ‘defraud’ thus
    “The expression “defraud” involves two elements,
    namely, deceit and injury to the person deceived. Injury
    is something other than economic loss that is,
    deprivation of property, whether movable or
    immovable, or of money, and it will include any harm
    whatever caused to any person in body, mind,
    reputation or such others. In short, it is a non-economic
    or non-pecuniary loss. A benefit or advantage to the
    deceiver will almost always cause loss or detriment to
    the deceived. Even in those rare cases where there is a
    benefit or advantage to the deceiver, but no
    corresponding loss to the deceived, the second condition
    is satisfied.”

    The above definition was in essence reiterated in State
    of UP vs. Ranjit Singh
    – 1999 (2) SCC 617.” (Emphasis
    supplied)

    submits that therein, the Hon’ble Supreme Court of India has in

    no uncertain manner has held that if a person sells a property

    knowing that it does not belong to him, and thereby defrauds the

    person who purchased the property, the person defrauded, that is

    the purchaser, may complain that the vendor committed the

    fraudulent act of cheating but a third party who is not the

    purchaser under the deed may not be able to make such

    complaint.

    6. It is further submitted by the learned counsel for the petitioner

    that the complainant is a third party so far as the transaction

    between the petitioner and Uttam Kumar are concerned hence, the

    complaint at the instance of the complainant is not maintainable.

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    Cr.M.P. No.3808 of 2023

    (2026:JHHC:12038)

    7. Learned counsel for the petitioner next relied upon the judgment

    of the Hon’ble Supreme Court of India in the case of Jit Vinayak

    Arolkar vs. State of Goa & Ors. reported in 2025 INSC 31 and

    submits that in the said judgment, the Hon’ble Supreme Court of

    India has also approbated and relied upon its own judgment in

    the case of Md. Ibrahim & Ors. vs. State of Bihar & Anr. (supra).

    8. It is next submitted by the learned counsel for the petitioners

    that by relying upon the judgment of the Hon’ble Supreme Court

    of India in the case of Sheila Sebastian vs. R. Jawaharaj & Anr.

    Etc. reported in 2018 Supreme (SC) 462 that in paragraph no.29

    thereof, in the similar facts of the case, the Hon’ble Supreme Court

    of India has observed that the penal statute cannot be expanded

    by using implications and as there is no ambiguity, there is no

    scope for interpretation. It is then submitted by the learned

    counsel for the petitioner that the allegations against the petitioner

    are all false and there is no allegation of impersonation against the

    petitioner as petitioner claiming himself to be Gopal Prasad Sinha

    has sold the land through his power of attorney. It is next

    submitted by the learned counsel for the petitioner that the

    petitioner in fact is the son of Jamuna Lal and all the relevant

    documents to establish the same and this case has falsely been

    foisted, only for wreaking vengeance. It is further submitted by

    the learned counsel for the petitioner that Uttam Kumar who has

    purchased the land has no grievance against the petitioner and the

    property has been mutated in his name. Hence, it is submitted
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    Cr.M.P. No.3808 of 2023
    (2026:JHHC:12038)

    that the prayer as prayed for by the petitioner in this criminal

    miscellaneous petition be allowed.

    9. The learned P.P. and the learned counsel for the opposite party

    no.2 on the other hand vehemently oppose the prayer and submits

    that though the petitioner has claimed to be Gopal Prasad Sinha

    but the impersonation is regarding his parentage only as he has

    wrongly mentioned that he is son of Jamuna Lal. It is further

    submitted by learned P.P. and the learned counsel for the opposite

    party no.2 that the complaint, statement of the complainant on

    solemn affirmation and the statement of the inquiry witnesses is

    sufficient to constitute each of the offences in respect of which

    prima facie case was found by the learned Chief Judicial

    Magistrate, Ranchi. Learned counsel for the opposite party no.2

    further submits that the mutation which was done in the name of

    Uttam Kumar has been set aside by the Deputy Commissioner,

    Ranchi in Mutation Revision Case No. 108R 15/2024-25. Hence, it

    is submitted that this criminal miscellaneous petition being

    without any merit be dismissed.

    10. Having heard the submissions made at the Bar and after going

    through the materials available in the record, it is pertinent to

    mention here that it is a settled principle of law as has been held

    by the Hon’ble Supreme Court of India in the case of Md. Ibrahim

    & Ors. vs. State of Bihar & Anr. (supra) that a third party to a sale

    deed cannot maintain a complaint if a person executes a sale deed

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    Cr.M.P. No.3808 of 2023
    (2026:JHHC:12038)

    claiming himself to be the owner of the same and it is the only the

    purchaser who can maintain such complaint.

    11. Now coming to the facts of the case, the undisputed facts

    remains that the complainant is the third party to the transaction

    of the sale deed executed by the petitioner through his power of

    attorney in favour of Uttam Kumar. It is not in dispute that the

    petitioner claims himself to be the owner of the land in question.

    Therefore, this Court has no hesitation in holding that

    continuation of the criminal proceeding against the petitioner in

    respect of sale deed executed by him claiming to the owner of the

    property in favour of Uttam Kumar through the power of attorney

    holder; by the complainant being the third party to the said

    transaction, will amount to abuse of process of law and this is a fit

    case where the entire criminal proceeding including the order

    dated 23.02.2022 passed by the learned Chief Judicial Magistrate,

    Ranchi in connection with Complaint Case No.3196 of 2019 be

    quashed and set aside qua the petitioner.

    12. Accordingly, the entire criminal proceeding including the order

    dated 23.02.2022 passed by the learned Chief Judicial Magistrate,

    Ranchi in connection with Complaint Case No.3196 of 2019 is

    quashed and set aside qua the petitioner.

    13. In the result, this criminal miscellaneous petition is allowed.

    (Anil Kumar Choudhary, J.)

    High Court of Jharkhand, Ranchi
    Dated the 23rd April, 2026
    AFR/Gunjan/-

    Uploaded on 27/04/2026
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    Cr.M.P. No.3808 of 2023



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