LAWS(JHAR)-2023-9-21

ANISH AGARWAL Vs. STATE OF JHARKHAND

Decided On September 14, 2023
Anish Agarwal Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Instant petition has been filed for quashing of Kotwali P.S. Case No.61 of 2022 registered for the offences under Ss. 406, 420, 506, 120B of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Ranchi.

(2.) The case of the prosecution in brief, as set out in the FIR, is that the informant Shyam Jalan and Anil Kumar Jalan were co-owners of the land appertaining to MS Plot No. 1071 and 1072 area 12.5 Khatha, Mauza Chadri, District Ranchi. The said plot was acquired by three registered sale deeds. Anil Kumar Jalan was the owner of 3 Katha and 14 Chhatak and rest of land belongs to the informant.

(3.) The main allegation as made in the FIR is that both the land owners had entered into a development agreement with the company in the name of M/s Rise Shelter Pvt. Ltd. through its Director Anil Kumar Agarwal for the purpose of construction of a multi-storied building. As per terms of agreement, 70% of total super built up area of each floor was to be given to the land owners and 30% was to be retained as developer share. When the building was not constructed within the stipulated time by the developer, the informant terminated the agreement and filed a case on 4/8/2021 being Case No. 194 of 2021 for declaration that the said agreement stood terminated. Despite the termination of agreement, Anil Kumar Agarwal, Anish Agarwal and Anil Kumar Jalan disposed of the share of the informant to different persons for the period from 22/1/2022 to 28/2/2022.