RAMJEET PRAJAPATI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has questioned the legality of the orders dated 08.08.2014, 01.11.2014 and 08.12.2014 whereby and whereunder the warrant of arrest and the Processes under Sections 82 and 83 of the Code of Criminal Procedure (in short "the Code") respectively have been issued and prayer has also been made for quashing the entire criminal proceeding in connection with Nagri P.S. Case No. 92 of 2014 corresponding to G.R. Case No. 3702 of 2014, pending in the court of learned Judicial Magistrate, Ranchi.

(2.) The prosecution case in short, which is necessary for the proper adjudication of the issue involved in this writ application, is that at the instance of Jogender Mahto, a complaint was lodged against the petitioner and his wife Basanti Devi in the court of learned Chief Judicial Magistrate, Ranchi, which was sent to the concerned police station under Section 156(3) of the Code for instituting the F.I.R. Whereafter Nagri P.S. Case No.92 of 2014 was lodged under Section 406, 420, 467, 468, 471, 504/34 of I.P.C. with the allegation that in December 2000, the petitioner, who was a good friend of the complainant-informant, proposed him to purchase his land for extension of his business. Since the informant was also in dire need of money for the treatment of his wife, he agreed to sell the land. Out of the consideration money of Rupees twenty eight lakhs, the petitioner paid only Rs.18,200/- as token money and the informant agreed to execute the deed. In good faith, he put his signature and thumb impression on the sale deed but later on he found that the consideration money of Rs.9,62,500/- was only mentioned on the sale deed. Even then on the assurance of petitioner to pay the entire money, the sale deed was executed but when the rest of the amount was not paid, the case was instituted.

(3.) It appears from the order-sheet of the court below enclosed with this writ application that on the basis of the complaint of the informant, F.I.R. was lodged and sent to the Court on 05.07.2014 and on the very next date i.e. 08.08.2014, the Investigating Officer filed a requisition in court for issuance of warrant of arrest against the accused persons including the petitioner. The court below after perusing the requisition passed the order for issuance of warrant of arrest. On the very next date i.e. 01.11.2014, again on the requisition of the Investigating Officer, the proclamation under Section 82 of the Code was directed to be issued, which was issued by the office of the court below on 11.11.2014. On 08.12.2014, again a requisition was filed by the Investigating Officer praying for issuance of process under Section 83 of the Code for attachment of property of the petitioner and the same was issued on 12.12.2014. It further appears from the order sheet that the court below issued the processes without waiting for any proper execution report. Even the mandates or the basic requirements or ingredients responsible for issuance of Processes under Section 82 has not been followed.