ALOK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jitendra Shankar Singh, the learned counsel appearing on behalf of the petitioner and Mr. Pandey Ashok Nath Roy, the learned counsel appearing on behalf of the O.P.No.2.

(2.) This petition has been filed for quashing the entire criminal proceeding arising out of Kotwali (Pandra O.P.) Case No.261 of 2015, corresponding to G.R. Case No.1769 of 2015 including the order dtd. 5/9/2017 whereby cognizance has been taken, pending in the court of learned Judicial Magistrate, Ranchi.

(3.) The O.P.No.2 has filed the complaint stating therein that the O.P. No.2 the informant along with his two brothers and father has entered into an agreement with M/s Rajmani Properties (Pvt.) Ltd. on 5/1/2005 for development of their property situated at Piska More, Village Hesal, Ratu Road, Ranchi for construction of any apartment which shall consist maximum of G+4 having approx. area of around 22,435 sq.feet. As per the agreement the developer has agreed to deliver 38% of super built up area. It is alleged that the complainant was given possession of five flats having total area of 7,550 sq.ft and the accused has withheld about 975 sq.feet built up space. It is further alleged that the accused has provided only three car parking space in place of six car parking space with an assurance that other three parking will be provided soon. The complainant has further alleged that the accused has committed in ordinate delay in handing over said flats and parking space which has caused serious loss to the complainant and in view of under taking given by the accused, he was to pay Rs.10,000.00 per day as penalty which was demanded through legal notice dtd. 27/9/2012 but the accused failed to comply the same. The complainant was threatened by the accused and was forcibly being taken away and was forced to sign some blank paper.