VIJAY SINGH RANA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By this application, the petitioners seek relief for quashing the first information report registered as Adityapur P.S. Case No.193 of 2001 registered under Sections 409, 418, 423, 425 and 120-B of the Indian Penal Code in connection with Complaint Case No. C/1 Case No. 15 of 2001 (G.R. Case No. 564 of 2001).

(2.) A complaint case was filed by the complainant/opposite party No. 2 which was sent to the police under Section 156 (3) of the Code of Criminal Procedure (hereinafter to be referred to as the 'the Code') for registration and investigation.

(3.) The case of the prosecution as stated is that the informant is a bonafide member of, the Adityapur Udyami Grih Nirman Sahyog Samity Limited thereinafter referred to as 'the Samity') which is a registered Co-operative Society under the Co-operative Societies Act. 1935. The petitioners are the office bearers and the members of the newly elected Board of Directors of the Samity and the election of which was held on 12.9.2000. The out-going Board of Directors whose terms of which expired on 12.9.2000 had allotted 883.55 acres of land belonging to the Society situated on Adityapur- Seraikella Road to 12 members of the Society at the rate of Rs. 190/- sq. feet during their working period. The management has given publication in the local News Paper of Jamshedpur on 27.7.2000. The complainant was one of the allottees who had been, allotted Society Plot No. 4-C under Plot No. 1473 measuring an area of 883.05 sq. feet being portion of Plot No. 1473 (P) under Khata No. 109 situated in Village Bhatia, Adityapur Notified Area Committee, Ward No. 4, Thana No. 127, P.S. Adityapur, District West Singhbhum at a consideration of Rs.1,56,000/- and later on the Society executed the sale deed on 30.8.2000 in favour of the complainant on payment of consideration money. Since long the accused persons/petitioners had their greedy eyes on the said commercial plot as it is situated on the Main Road, therefore, the petitioners got themselves elected on 12.9.2000 by adopting unfair means and corrupt practices and the petitioners got the allotment of plot cancelled including the plot of the complainant vide Deed of Cancellation No. 3651/2000 dated 1.12.2000 and the said cancellation of the registered sale deed was done in connivance of the Registration Officer without any notice to the complainant. Accordingly, the first information report was lodged.