SHIPRA ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the First Information Report bearing Patrakar Nagar P.S. Case No.466 of 2018 registered for the offence under Ss. 406 and 420 of the Indian Penal Code.

(2.) As per the prosecution case, the informant namely, Arvind Kumar Chaudhary has taken a loan of Rs.40,00,000.00 from the Punjab National Bank, Branch-New Market, Patna but, the Bank without proper communication and without following due process, made an auction of the house of the informant. It has also been alleged that the informant made an application before the D.R.T., Patna but despite their being several order, the Bank has not submitted the documents. It has also been alleged that the bank has claimed the possession of the property in question but the real fact is that the mother of the informant and other tenants are living for last 10-15 years in the large area of the property. It has also been alleged that the auction purchaser i.e. petitioner through staff and unknown persons used to threaten the mother and other tenants of the informant on phone. On enquiry from the tenants, he was informed that Sanjay Yadav and Kunal, employees of the petitioner, used to come and force them to open the door at night and the petitioner has instructed them to disturb the tenants so that they are forced to leave the place. It has also been alleged that there was a rent agreement between the informant and Dr. Ajit Singh for a large part of the property, in question but, said Dr. Ajit Singh and present petitioner in connivance with the bank officials are trying to grab the house of the informant. The informant suspected the hand of the bank Manager P.K. Singh in this regard.

(3.) Learned counsel for the petitioner submits that the opposite party no.2 has taken a loan from the Punjab National Bank and he has defaulted in repayment of the loan and accordingly, the proceeding under the SARFAESI Act was initiated against the informant. Thereafter, the Bank put the property of the informant on auction and in this regard, the Bank has also published an advertisement dtd. 9/3/2018 for the auction of the said property and when the petitioner came to know about the aforesaid auction sale, she took part in the said auction and became the successful bidder in public auction. He further submits that as per the instructions of the Bank, the petitioner deposited the full amount of auction with the Bank and after following the necessary procedure, the Bank issued Sale Certificate in favour of the petitioner and handed over the possession of a part of the property to her and since then the petitioner is in peaceful possession of the said property.