SHYAM KUMAR JALAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these three Criminal Misc. Petitions arise out of the same FIR and have been filed for quashing the entire criminal proceeding of Kotwali P.S. Case No. 134 of 2021 registered under Ss. 406, 420, 385, 120B of IPC.

(2.) For the sake of convenience the parties shall be referred to on the basis of their actual placement in the police case. Petitioners Shyam Kumar Jalan (A3) and Anil Jalan (A2) in Cr.M.P 1775 and 1532 of 2021 respectively claim themselves to be the land owners and Anil Agarwal (A1) in Cr.M.P-1542/21 as the developer.

(3.) The prosecution case in brief is that Anil Agarwal (A1), Anil Jalan (A2) and Shyam Jalan (A3) offered to sell five shops to the informant in their upcoming shopping complex. Out of which possession of only three shops was handed over and the possession of two shops was not given. It is alleged that the accused persons with the help of anti-social elements demanded Rs.5.00 Lakh for giving possession over two shops in shopping complex under name Shelter Arcade at Maiki Road. These shops were allotted in the name of Anshul Enterprises of the informant. Shyam Kumar Jalan and Anil Jalan are the land owners and Anil Agarwal is the developer and the constructions being done on partnership basis.