MAHESH PHULCHAND MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) . This writ application has been filed for quashing the entire criminal proceeding pertaining to Complaint Case no.2703 of 2014, including the order dated 04.03.2015 passed by the Judicial Magistrate, Dhanbad, whereby he took cognizance against the petitioner under sections 323/403/406/420/421/423/424/463/120B of the Indian Penal Code and issued summons to the petitioner.

(2.) At the outset, Sri Ashok Kumar, Yadav, learned counsel appearing for the respondent no.2 submits that accused persons named at serial no. 1 to 5 of the aforesaid complaint case had filed criminal writ petitions in this court for the same relief, but a Bench of this Court dismissed the aforesaid writ applications. He further submits that against the aforesaid order, accused persons filed Special Leave to Appeal (Crl.) No. 9781/2015, which was dismissed by the Hon'ble the Supreme Court on 18.03.2016, with some observation. It is submitted that in paragraph nos. 14, 15, 16 and 17 of the complaint petition, there are similar allegations against this petitioner, thus, the present writ application also deserves to be dismissed.

(3.) On the other hand, Sri Indrajit Sinha, learned counsel appearing for the petitioner submits that from perusal of the complaint petition, it will be clear that accused nos. 1 to 5 are members of the joint family, whereas this petitioner is not the member of the joint family. Thus, the case of the petitioner is different from the other accused persons. He further submits that there is no allegation against this petitioner that he had been entrusted with any joint family property, which he sold to the accused nos. 7 to 14. He further submits that there is no allegation of conspiracy against this petitioner in the entire complaint petition. Accordingly, Sri Sinha submits that the prosecution launched against the petitioner is liable to be quashed.