BINAY KUMAR BAGARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. Notice was issued to the complainant-O.P. No. 2, which is returned unserved with the endorsement that the complainant is dead.

(2.) This application has been filed for quashing the entire criminal proceeding, including the order dated 6.8.2005, passed by Sri B.B. Gautam, learned Judicial Magistrate, Dhanbad, in C.P. Case No. 779 of 2005, whereby prima facie offence has been found to be made out against the petitioner and the other co-accused persons under Sections 380 and 427 of the Indian Penal Code.

(3.) From perusal of the record, it appears that a complaint case No. 779 of 2005 was filed by the complainant-O.P. No. 2 in the Court of learned Chief Judicial Magistrate, Dhanbad, alleging that the complainant and his son had taken on rent 1 acre and 1 acre and 141/2 decimals of land respectively, from the other co-accused Raj Kumar Agarwal and he established coke industry on the said land. Said Raj Kumar Agarwal had taken loan from S.B.I., Bank More, Dhanbad, with respect to the said property and there was a proceeding for recovery of the loan in the Debt Recovery Tribunal, in which the order was passed against Raj Kumar Agarwal and the said property was put on auction sale. The co-accused Raj Kumar Jain purchased the property in auction sale, as is apparent from the complaint petition itself. Thereafter it is alleged that the purchaser, along with other accused persons, including the petitioner, with the help of the police forcibly entered into the premises and committed theft therein. There are other allegations against the other co-accused persons in the complaint petition, but so far as this petitioner is concerned, it is only alleged that this petitioner had committed theft of the property along with the purchaser, who purchased the property in the auction sale.