Arun Kumar @ Arun Kumar Singh v. State of Jharkhand
2023-04-25
SANJAY KUMAR DWIVEDI
body2023
DigiLaw.ai
JUDGMENT : Heard Mrs. Richa Sanchita, learned counsel for the petitioner, Mr. Vijoy Kr. Sinha, learned counsel for the State and Mr. Abhijeet Kr. Singh, learned counsel for the O.P. No. 2. 2. This petition has been filed for quashing of the entire criminal proceeding in connection with Kandra P.S. Case No. 04 of 2014, corresponding to G.R. No. 119 of 2014, pending in the Court of learned S.D.J.M, Seraikella. 3. Initially Complaint Case No. 221/2013 has been filed which has been converted into F.I.R. being Kandra P.S. Case No. 04 of 2014 alleging therein that Anil Mahto and others including the petitioner after making forged document committed cheating upon the complainant/informant. It was further alleged that the accused persons abused and assaulted the complainant/informant and damaged the articles mentioned in F.I.R. 4. Mrs. Richa Sanchita, learned counsel for the petitioner submits that the petitioner is the General Manager (Land) in M/s Adhunik Power and Natural Resources Ltd. Company and the company purchased one land vide registered sale deed no. 2171 dated 28.03.2011 registered at District Sub-Registrar Office, Saraikella-Kharsawan through another officer. She submits that the said sale deed no. 2171 dated 28.03.2011 was executed by Anil Mahto in favour of the company through its authorized representative Sri Manik Mishra. She submits that the petitioner was not authorized signatory at the time of purchase of the land by the company and it has also came at paragraph 7 of the complaint that the said Manik Mishra died in themonth of September, 2013 and hence Arun Kumar Singh (petitioner) has been arrayed as an accused in the complaint petition. She submits that for civil wrong present case has been filed. 5. On the other hand, learned counsels for the State and O.P. No. 2 submits that cheating is there and in absence of any authorized person said sale deed has been executed. 6. In view of above submissions of the learned counsel for the parties, the court has gone through the contents of F.I.R and finds that in para 7 of the complaint it has been stated that Manik Mishra has died that is why the petitioner has been arrayed as an accused in the said complaint. There is no role of the petitioner. Further the registered sale deed has been brought on record by way of Annexure-2.
There is no role of the petitioner. Further the registered sale deed has been brought on record by way of Annexure-2. If there is any illegality in the sale deed, the O.P. No. 2 was required to move before the appropriate Court for cancellation of said sale deed and admittedly the company has purchased the land in question and petitioner has got no role as has been admitted in para 7 of the complaint petition. Even the purchaser is not required to be proceeded as has been held by the Hon’ble Supreme Court in the case of “Mohd. Ibrahim V. State of Bihar” (2009) 8 SCC 751 . 7. In view of above facts, reasons and analysis the entire criminal proceeding in connection with Kandra P.S. Case No. 04 of 2014, corresponding to G.R. No. 119 of 2014, pending in the Court of learned S.D.J.M, Seraikella, so far this petitioner is concerned, is quashed. 8. It is made clear that the entire criminal proceeding in connection with Kandra P.S. Case No. 04 of 2014, corresponding to G.R. No. 119 of 2014, so far as other accused persons are concerned, is kept intact. The learned court shall proceed in accordance with law. 9. Accordingly, this petition is allowed and disposed of in above terms. Pending I.A, if any, stands disposed of. Interim order is vacated.