GULAB SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jitendra Shankar Singh, learned counsel for the petitioners, Ms. Nehala Sharmin, learned counsel for the State and Mr. Jitendra Nath Upadhyay, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceeding arising out of C1 Case No.29 of 2010 including the order dtd. 8/4/2010 passed by the learned Judicial Magistrate, Jamshedpur, whereby, cognizance has been taken against the petitioners under Ss. 323, 341, 342, 384, 34 of the Indian Penal Code, now pending in the court of the learned Additional Chief Judicial Magistrate, Jamshedpur. Vide order dtd. 3/2/2023, I.A. No.251 of 2023 was allowed by the coordinate Bench of this Court and by the said order, the order dtd. 22/11/2022 passed by the learned Additional Chief Judicial Magistrate, Jamshedpur on the petition filed by the petitioners under Sec. 245(1) Cr.P.C. in C1 Case No.29 of 2010 was allowed to be challenged in this petition and interim order was granted.

(3.) The complaint case was filed by opposite party no.2 alleging therein that the complainant had given his house located at holding no.31, Khasmahal on rent to the accused Sunil Singh in April, 2004 for which an agreement was prepared. Since the accused Sunil Singh stopped payment of rent since July, 2004 and then on 1/11/2004, the complainant went to realise the due rent. On demand, the accused persons became furious and started abusing and assaulting the complainant with fist and slaps. Thereafter, the accused persons took the complainant in the room and confined him. After 3 hours the accused persons came and forcibly took his signature on blank papers on the point of pistol. On 20/12/2009, the complainant came to know that the accused persons have misused the said papers and prepared a deed of mortgage and agreement for sale and a money receipt and has filed a writ application bearing no. W.P.(C) No.2725 of 2007 in this Court and got the stay order for their personal benefit and thereby cheated the complainant in grabbing his house.