KARIMUDDIN ANSARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner - Karimuddin Ansari by invoking extraordinary jurisdiction of this court under Article 226 of the Constitution of India has questioned the legality of the order dated 13.01.2015 by which non -bailable warrant of arrest has been issued and also the subsequent order dated 25.02.2015 wherein the process under Section 82 of the Code of Criminal Procedure have been issued against the petitioner in connection with B.S. City P.S. Case No. 206 of 2014 instituted under Sections 420, 120B and 406 of the Indian Penal Code.

(2.) THE prosecution case, in nutshell, is that the informant Meena Jaiswal had shown her eagerness before a co -villager Pradeep Jaiswal to purchase a plot of land for construction of her house where after the said Pradeep Jaiswal along with Sanjay Kunwar @ Sanjay Kumar, Karimuddin Ansari (the petitioner) and Alim Ansari came to her Quarter and introduced the accused Sanjay Kunwar as owner of plot and also introduced this petitioner and another co -accused as property dealers. On the basis of their talk, the accused persons including petitioner entered into a written agreement with the informant to sale 5 decimals of land. The informant thereafter issued a cheque of Rs. 1,01,000/ - in the name of Sanjay Kunwar as part of consideration money and further issued another cheque on 03.08.2013 of Rs. 1,00,000/ - in the same name. The said Sanjay Kunwar after sometime insisted the informant to issue cheque in future in favour of Alim Ansari the co -accused. Thereafter, from time to time, other cheques were issued but even after several requests of the informant, sale deed was not executed. The conduct and behavior of this petitioner and other accused persons created suspicion in the mind of the informant and she apprehended that the accused persons have cheated her. Thereafter, she made enquiry from the Registry Office, Chas and came to know that the co -accused Sanjay Kunwar has already sold the land in the name of the petitioner and Alim Ansari is one of the witness of the sale deed. The informant then demanded the entire consideration amount of Rs. 8,61,000/ - given to the accused persons through different cheques whereafter Karimuddin Ansari returned Rs. 7,30,000/ - through cheque but never paid the balance amount. Hence, this complaint which was subsequently referred to police station by the order of Chief Judicial Magistrate, Bokaro for registration of a case and accordingly the aforesaid case was registered.

(3.) MR . Dayal, learned counsel appearing for the petitioner has assailed the two orders by which warrant of arrest and subsequently processes were issued against this petitioner and submitted that the court below without applying its judicial mind firstly issued the non -bailable warrant and without following the mandates of Section 82 of the Code, issued processes. It was also submitted that on mere perusal of order -sheets of the two dates 13.01.2015 and 25.02.2015, it would appear that both the orders are non -speaking and were issued in a mechanical manner, therefore, both the orders are liable to be quashed.