SHYAM BIHARI CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arvind Kumar Choudhary along with Mr. Abhishek Kumar Mishra, learned counsel for the petitioners, Mr. Anup Pawan Topno, learned counsel for the State and Mr. Sachin Mahato, learned counsel for opposite party no.2.

(2.) The prayer in the petition is made for quashing of the entire criminal proceeding including order taking cognizance dtd. 22/9/2016 arising out of P.C.R. Case No.33/2015, T.R. No.2623/2016, pending in the Court of the learned Sub-Divisional Judicial Magistrate, Madhupur.

(3.) P.C.R. Case No.236/2013 was registered by the opposite party no.2 against Smt. Shandhya Rani Seal, Pradip Kumar Seal and Mrs. Shikha Mukherjee, which was sent for investigation under Sec. 156(3) of Cr.P.C. to Madhupur Police Station and as such Madhupur P.S. Case No.233/2014 corresponding to G.R. No.436/2014 was registered on 7/6/2014 under Sec. 406/420/467/34 of the Indian Penal Code. It was alleged that the accused persons are owner of Plot No.755, Holding No.597/11 (old), 109 (new), Ward No.11 (old), 20 (new) and area 4 bighas 10 kathas and they agreed to sale out the aforesaid property with the complainant and Shyam Bihari Choudhary for which an agreement was executed on 24/1/2011, thereafter Shyam Bihari Choudhary withdraw his agreement upon which fresh memorandum was executed between the complainant along with R.S. Dwary on 3/4/2012. It was further alleged that Rs.30,00,000.00 was paid by the complainant to R.S. Dwary through cheques and as per the fresh memorandum of understanding, earlier Rs.15,00,000.00 received by the accused was to be refunded by Shyam Bihar Choudhari. It was also alleged that despite the complainant was ready to pay the balance Rs.6,00,000.00, they did not execute sale deed in their favour rather the property was sold to Smt. Babita Agrawal. It was alleged that the accused persons had cheated the complainant and Ravi Shankar Dwari of amount of Rs.45,00,000.00.