MANISH PRIYADARSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing the order of cognizance dtd. 21/7/2017 taken by learned Additional Chief Judicial Magistrate, Danapur under Ss. 467, 468, 419, 420, 506 and 34 of the Indian Penal Code in connection with Danapur P.S. Case No. 27 of 2017.

(2.) The First Information Report lodged by the informant claiming himself to be the Executive Officer of Helios Group of Companies alleging therein that pursuant to agreement for sale dtd. 1/6/2012 executed between Nikhil Priyadarshi and Manish Priyadarshi on behalf of Priyadarshi Hotel and Resort Ltd. and Sanjay Singh, Chairman of Helios Group of Companies for sale of land of the informant -company situated at Khagaul Road, Danapur appertaining to Khata No. 104, Khesra Nos. 103 and 104, Khata Nos. 109 and 106, Tauzi No. 5061, Thana ' Danapur, District -Patna measuring 25 Katha, the sale deeds were registered on 18/2/2014 and 6/3/2014 at Danapur Sub Registry Office with Nikhil Priyadarshi and Sanjay Kumar Singh. The petitioner / accused persons gave different cheques worth Rs.17,25,00,000.00 as consideration amount and promised that the cheque amount would be encashed on demand. It has been alleged that the company repeatedly enquired from Nikhil Priyadarshi as to whether the money has come to his account or not in reply to which Nikhil Priyadarshi told the informant to wait for some time as he would himself inform the company after depositing the amount. The informant became suspicious that the accused persons with intention to commit fraud had given cheques and were trying to re-sale the land in favour of other persons for which they were looking for customers. However, on the basis of understanding arrived at between the Chairman of Helios Group and Nikhil Priyadarshi, a deed of cancellation was signed for cancelling the registered sale deed. Even after execution of deed of cancellation the petitioner claiming himself as the owner of the land, has entered into agreements with other customers. A copy of such agreement executed by Nikhil Priyadarshi to one of the customers was made available to the informant. Thereafter, the informant had a firm belief that the accused persons in a planned manner have created forged document and are trying to re-sale the land claiming themselves to be the owner. It has further been alleged that the accused persons are trying to take forceful possession over the land by sending their musclemen on the basis of forged documents and have also threatened the Guard of the company posted on the land of dire consequences. The accused persons / petitioner on the basis of forged document is trying to dishonestly sell the piece and parcel of land with a view to digest the money of the company / informant by executing agreement with different persons.

(3.) Based on the written report of the informant / Sohail Khan, a formal F.I.R. was registered bearing Danapur P.S. Case No. 27 of 2017 against Nikhil Priyadarshi and Manish Priyadarshi for the offences under Ss. 467, 468, 419, 420, 506 read with Sec. 34 of the I.P.C. The Police after investigation submitted charge sheet. Learned A.C.J.M., Danapur took cognizance vide order dtd. 21/7/2017 for the offences under Ss. 467, 468, 419, 420, 506 and 34 of the I.P.C. which has been impugned in the present application.