PRAVIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing of the F.I.R. vide Danapur P.S. Case No. 100 of 2017 dtd. 21/2/2017 registered for the offences under Ss. 406, 420, 341, 323, 379, 504, 506/34 of the Indian Penal Code. During the pendency of this case, Interlocutory Application No.01 of 2022 was filed by the petitioner challenging the cognizance order dtd. 8/1/2018 passed by learned A.C.J.M.-1, Danapur. Interlocutory Application No.01 of 2022 is allowed permitting the petitioner to challenge the order of cognizance dtd. 8/1/2018.

(2.) As per the F.I.R. the informant had given a piece of land measuring area of 13 katha 4 dhruki to Kanishka Buildon Private Limited for construction of an apartment through an agreement dtd. 15/2/2011, in which a condition was mentioned that the construction work of apartment will be completed within three years. It is also alleged that before three months of occurrence when the informant met the petitioner no.1, who is the Chief Managing Director of the said Kanishka Buildcon Private Limited and demanded his share of constructed flats and the amount, the petitioner no.1 denied to pay the amount and insulted the informant and also threatened him of dire consequences. He also threatened to kidnap the son of the informant who is studying in Delhi. It is further alleged that on 20/2/2017 the petitioner no.2, who is the Project Manager of Kanishka Buildon Private Limited and four other persons assaulted the driver of the informant and snatched Rs.45,000.00. When it came to the knowledge of the informant, he met with petitioner no.2 and asked him why he had beaten his driver, upon which, the petitioner no.2 threatened the informant that he will kill his entire family.

(3.) Learned counsel for the petitioner submits that on a bare perusal of the F.I.R. it would appear that it is a civil dispute which has been tried to be given a colour of criminal proceeding and therefore, the F.I.R. is an abuse of the process of the Court. Learned counsel for the petitioner has relied upon a judgment of this Court dtd. 7/5/2018 rendered in the case of Pankaj Agrawal & Ors. vs. The State of Bihar & Ors. reported in . Learned counsel for the respondent no.6 and the State have been heard. I have considered the submissions of the parties. I have also perused the materials on record.