SWAMI MAHIMANAND SARASWTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State and also learned counsel appearing for the opposite party no.2.

(2.) This application has been filed for quashing of the order dated 12.10.2011 passed by the then Chief Judicial Magistrate, Giridih in Bagodar P.S case no.227 of 2010 whereby and whereunder cognizance of the offence punishable under Section 406 of the Indian Penal Code has been taken against the petitioner.

(3.) The case of the complainant as it appears from the complaint petition is that the petitioner being General Secretary of Ananda Bhawan Ashram, Sarriya got an apartment constructed for selling it out to the resident members of Ananda Bhawan Ashram. The complainant entered into an agreement for purchasing one of its flats for a consideration amount of Rs.2,50,000/- for himself. Likewise one witness, namely, Madhab Krishna Ghose Moulic also entered into an agreement for purchasing a flat on the same consideration amount which were paid by the complainant and also by the aforesaid witness. Under the agreement it had been stipulated that as soon as construction would be completed, the flats would be handed over to them. But the possession of flats was not given even after its completion on the pretext that some body has come forward to purchase the flat at higher price and thereby it has been alleged that the petitioner has committed criminal breach of trust .On such allegation a case was registered as Complaint Case no.1496 of 2010 in which cognizance of the offence was taken under Section 406 of theIndian Penal Code against the petitioner which is under challenge.