JAGDEO KUMAR ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the entire criminal proceeding in connection with C.P.Case No.104 of 2016, including the order dtd. 4/2/2017 passed by learned Judicial Magistrate, 1st Class, at Bokaro, whereby cognizance under Sec. 420 read with Sec. 34 of the Indian Penal Code has been taken on the complaint filed by the Opposite party no.2 and summons have been issued against the accused person including the petitioner, pending in the court of Judicial Magistrate, 1st Class, at Bokaro.

(2.) O.P.No.2 has filed the complaint, alleging therein that:

(3.) The learned counsel appearing on behalf of the petitioner submits that this petitioner has signed the sale deed as representative capacity of the company namely, M/s Rungta Mines Limited. He submits that the petitioner is signatory of the company which has purchased the land in question on payment of consideration amount of Rs.30.00 Lakhs. He submits that the allegations are against the accused nos. 1 and 4 with regard to selling the land in question fraudulently and O.P.no.2 is the owner. He submits that inspite of payment of consideration amount possession of the land is not in favour of the petitioner and for that, against the sellers the company has also filed the case. He submits that so far this petitioner is concerned, no criminality is made out particularly Sec. 420 IPC. He submits that the case of the petitioner is fully covered in the light of judgment of Hon'ble Supreme Court in the case of "Mohd. Ibrahim v. State of Bihar", (2009) 8 SCC 751, paragraph nos.16 to 21 of the said judgment are quoted hereinbelow: