AMIT KUMAR SARAWGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal miscellaneous petition has been filed on behalf of Amit Kumar Sarawgi @ Amit Sarawgi @ Amit Sarawagi and Tulsi Goswami with the prayer to quash the order dtd. 28/5/2024 passed by the learned S.D.J.M., Giridih in connection with Giridih (M) P.S. Case No. 393 of 2023 whereby and whereunder the non-bailable warrant of arrest has been issued against them. Further the prayer is made to quash the order dtd. 14/6/2024 whereby the learned court of S.D.J.M., Giridih has been pleased to issue process under Sec. 82 of Cr.PC.

(2.) Learned counsel for the petitioners has submitted that Muffasil P.S. Case No. 393 of 2023 was registered on 12/12/2023 under Sec. 147, 149, 353, 389, 120(B), 420, 417, 467, 468 and 471 of the Indian Penal Code against both the petitioners with these allegations that the accused Amit Kumar Sarawagi and his father Ashok Sarawagi had taken loan of Rs.3.59 crores from State Bank of India in the year 2011 for their company Sri Bir Ispat Ltd. and in lieu of the loan they mortgaged their 54.33 acres of land situated at Manjhladih. Due to default in payment of loan, account of the said company came in category of non-performing asset and consequently the matter was referred to National Company Law Tribunal by which the informant was appointed liquidator on 21/12/2021. In that capacity liquidator who is informant of this case began the process of auctioning the land under proper information to the accused who are petitioners herein. During auction process, Carbon Resources Pvt. Ltd. Mahtodih, Giridih purchased the 54.33 acres of land of the accused Amit Sarawagi's Company Sri Bir Ispat Pvt. Ltd. for Rs.13.58 crore. Accordingly, on 19/5/2023 liquidator and others went to the land for giving possession of said land to the purchaser. The accused Amit Sarawgi under a criminal conspiracy to cheat the bank and others also to defeat the process of law, produced an antedated forged lease deed for 30 years showing that the same to be executed between his deceased father and petitioner Tulsi Goswami on 15/1/2011. It is alleged that the said lease deed is forged document as it has been prepared on the stamp paper purchased on 15/12/2011 and two witness of it have disclosed to the police that they were working with the accused and their signature over the same were taken in the year 2022. They have denied about contents of that document and it is stated that on 19/5/2023 the complainant went to the land for giving possession of the land to the purchaser of land in auction and then accused persons alongwith three unknown persons came there and started abusing them. They threatened the informant to give the said land to them otherwise they will be implicated in false case of rape, dacoity etc. Further alleged that they have snatched away few documents related to auction of the land from the informant and tore those papers into pieces. The informant then tried to stop them that he was doing government job, accused persons extended threatening to murder him. It is stated that as and when he tried to convince the accused in capacity of government servant not to trouble the Carbon Resources Company at first accused kept taking time by making some excuses and now they have started threatening the informant to implicate him in false cases. The photocopy of the certified copy of the FIR is annexure no.1 of this petition.

(3.) Per contra the learned SC-VII on behalf of the State and the learned counsel for the informant opposed the contentions made by the learned counsel for the petitioners.