MAHIMA RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The F.I.R. in Seraikella P.S. Case No.50 of 2021 under Ss. 420, 467, 468 and 120B of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Seraikella is under challenge in the instant criminal miscellaneous petition filed under Sec. 482 of the Cr.P.C.

(2.) The petitioners are the purchasers of the plot of land executed by other co-accused persons, who have been arrayed in the complaint petition which is the basis of present case.

(3.) The challenge to the initiation of the criminal proceeding is in two folds. Firstly, the mandate of Priyanka Srivastava and Another Versus State of U.P. and Others, (2015) 6 SCC 287 para 31, has not been followed. The second ground of challenge is that even if it is assumed the F.I.R. to be true, no offence will be made out as the petitioners are the bona fide purchasers of land duly executed by the co-owners of the said property in view of ratio laid down by Hon'ble Supreme Court in Mohammed Ibrahim and Others Vs. State of Bihar and Another, (2009) 8 SCC 751.