LAWS(JHAR)-2024-2-9

TANVEER AKHTAR Vs. STATE OF JHARKHAND

Decided On February 02, 2024
Tanveer Akhtar Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner has got a reasonable apprehension of being arrested in connection with Azadnagar PS Case No. 55 of 2022 registered under Sec. 403/ 406/ 420/ 467/ 468/ 120-B/34 of the Indian Penal Code and is pending in the Court of the learned Judicial Magistrate, 1st Class, Jamshedpur.

(2.) The fact of the case is that the informant (opposite party no.2) had entered into an agreement with the petitioner for sale of her landed property, situated at East Singhbum District and she had taken a consideration amount of Rs.35,00,000.00 out of the total consideration amount of Rs.1,50,00,000.00. Subsequently, the informant failed to perform her assurance and the entire amount was misappropriated by her.

(3.) Mrs. Ritu Kumar, the learned counsel for the petitioner, has submitted that the complaint is of 18/4/2022. As per the complaint, at the time of Corona, her husband passed away and she was living along with her younger son, who was unemployed. Taking stock of the situation, her brother-in-law Mansoor Akhtar, his wife Rashida Naaz (complainant's sister) and their son Aadil Rashid assured her of procuring a Government job for the post of Assistant in the Secretariat to her son with salary of Rs.70,000.00to Rs.80,000.00 with the help of petitioner. They also told that expenses need to be borne for procuring the job and for this, they need to meet various authorities, even travel abroad by flight, lodge in hotel, have food and for medical examination and for arranging the appointment letter much expenses will be borne and the complainant will have to give the expenses. Accordingly, for such purposes, at the instance of her own sister and brother-in-law and their son Rs.5,00,000.00 was withdrawn from Canara Bank, Zakirnagar, Jamshedpur and was given in cash to Mansoor Akhtar on 23/5/2021. Thereafter, again on the instance and saying of the aforesaid persons on 1/6/2021 Rs.7,50,000.00 was withdrawn from Canara Bank, Zakirnagar, Jamshedpur and on the same day, the amount in cash was conveyed to Mansoor Akhtar and Aadil Rashid. Thereafter, on the saying of Mansoor Akhtar, the complainant in a total of three times transferred an amount of Rs.14,70,000.00via RTGS/NEFT from her Canara Bank, Zakirnagar, Jamshedpur. Hence, by the aforesaid transfer, the complainant at the instance of her sister Rashida Naaz and her sister's son Aadil Rashid, transferred Rs.27,20,000.00 to her brother-in-law Mansoor Akhtar and Tanveer Akhtar.