KRISHNA KANT DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition is filed for quashing the order taking cognizance dtd. 22/11/2021 under Ss. 420, 406, 504, 34 of the Indian Penal Code in Ramkanda P.S. Case No.52 of 2019 corresponding to G.R. No.2429 of 2021 pending in the Court of Judicial Magistrate, 1st Class, Garhwa.

(2.) The complaint filed by one Jhalwa Kunwar is the basis of the present police case. The main allegation of the complainant is that the complainant is widow lady and after death of her husband, accused no.1 was looking after the property. It is alleged that accused no.1 who happens to be brother of her husband, sold the land which fall in the share of her husband. The petitioner is authorized signatory and Vice President of M/s Rameshwara Jute Mill Limited. After investigation, charge sheet has been submitted. Aggrieved by the order, instant petition has been filed.

(3.) It is submitted by learned counsel on behalf of petitioner that on the basis of averments made in the complaint, no offence under Ss. 420 and 406 of the Indian Penal Code will be made out. Neither the Company has been made accused nor the case has been filed by the purchaser. 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, even if it is assumed that he was real owner, the offence will not be made out. Only the purchaser can be said to be aggrieved by the said sale which has been executed without any title.