RANJIT PANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have moved with a prayer to quash the order of taking cognizance dated 4-7-2001 under Sections 467, 468, 419, 420, read with Section 34, IPC in G.R. Case No. 337/2000 (Senha P.S. Case No. 56/2000) passed by the learned C.J.M., Lohardaga. O.P. No. 2, Nipun Mrinal, alleged that the petitioner No. 1, Ranjit Pani, got a lease-deed signed by him on the understanding that if he leased out the land to the Company and after petrol-pump is established he will be given the dealership and also assured that the informant would make a lot of money out of this agreement. On such assurance the informant, O.P. No. 2, Nipun Mrinal, agreed to lease-out the land for a nominal rent. The informant was asked to give a Bank Guarantee and he furnished bank guarantee of Rs. 4 lacs. The informant was given a post-dated cheque against the rent. The petitioners started working and they filled the well of the informant situated on the land. Later on the Company refused to give him the retail outlet. On the other hand, his intention was to give the dealership to another person. Hence the informant cancelled the lease and gave intimation to this effect. The informant has also alleged that the diesel oil which was stored in the tank claiming himself to have received the supply was also under the proposal to give to other person. The informant has alleged that he was induced and allured that he will be given retail outlet and got the lease-deed registered. When he came to know that he was induced for entering into an agreement and was agitated then he cancelled the lease agreement and informed the Company. Thereafter the petitioner-Company in collusion with the other officers and local persons forcibly want to take possession of the land of the informant and also they are bent upon to give the COCO retail R.O. dealership. Hence he lodged the information resulting the institution of Senha P.S. Case No. 56/2000.

(2.) After investigation the chargesheet was submitted. The learned C.J.M., Loardaga, by the impugned order dated 4-7-2001, perused the C.D. and chargesheet and came to the conclusion that a prima facie case is made out against the accused to proceed with the trial under Sections 467, 468, 469, 419, 420/34, IPC and ordered for issuance of summons after taking cognizance of the offence.

(3.) The learned Counsel for the petitioners has assailed the order of taking cognizance of the learned C.J.M., Lohardaga on the ground that these petitioners are the senior officers of Bharat Petroleum Corporation Limited (BPCL). The construction of tank, machines and other necessary implements for storage of petroleum, the construction work was done by B.P.C.L. at a cost of Rs. 29,73,000.00. 3000 litres of diesel oil in the tanker was stored by M/s. B.P.C.L. worth Rs. 59,000.00. No sale has been affected as no sale-licence could be made. The sale-agreement was made in between BPCL with Nipun Mrinal, the contractor in respect of operating the retail outlet. The petitioner, Sumit Roy, the Territory Manager, Ranchi, by his notice dated 10-8-2000 gave a notice of termination of the operatorship given to the informant, O.P. No. 2. Bank Guarantee of Rs. 4 lacs was also returned which was received by the informant. One Dinesh Sharma, who was the in-charge to look after the petrol pump, informed the officer-in-Charge, Senha P.S. that on 4-11-2000 at 10 a.m. one Nandu Singh, employee of Kuru Petrol Pump, forcibly took away the keys from him and put their own lock at the site. It was further submitted that BPCL intends to commission a new retail pump outlet in the town of Lohardaga as per the marketing plan under the "Corpus Fund Scheme" (the dealership is to be awarded to a candidate belonging to ST/SC category). The dealer is to be appointed by the Dealer Selection Board, an autonomous body under the Ministry of Petroleum and Natural Gas, Government of India. Since the proposed dealership was under the Corpus Fund Scheme, the Corporation was looking for a suitable plot of land in the town of Lohardaga. The informant offered to lease out his land in favour of M/s. Bharat Petroleum Corporation Limited for a period of 20 years at the monthly rental of Rs. 1500.00 with 25% increase at the end of every five years. Nipun Mrinal agreed to lease out his land at the rental of Rs. 1400.00 per month and accordingly the lease-deed was registered for a period of 20 years effective from 1-4-1997 to 31-3-2017. The Corporation released the lease rental in favour of the complainant with the receipt. Lateron the complainant refused to receive the rental cheque for the period beginning from April, 2001 to March, 2002.