MD. NASIMUL HODA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner in this application has prayed for quashing the entire criminal proceeding in connection with Lower Bazar P.S. Case No. 211 of 2013, registered for the offence punishable under sections 406, 420, 464, 466, 467, 468 and 471 of the Indian Penal Code. A further prayer has been made for quashing the order dated 27.06.2015, passed by the learned Judicial Magistrate, Ranchi, by which non bailable warrant of arrest has been issued against the petitioner as also the order dated 19.12.2015, passed by the learned Judicial Commissioner, Ranchi in Cr. Revision No. 216 of 2015, by which issuance of proclamation under section 82 Crimial P.C. was affirmed. In addition to the above prayers, the petitioner has also prayed for quashing the order dated 26.10.2015, passed by the learned Judicial Magistrate, Ranchi, by which process under section 83 Crimial P.C. has been issued.

(3.) A complaint case was initially instituted by the opposite party nos. 2 and 3 being complaint case no. 1915 of 2013, which was referred to the police for instituting an FIR under section 156(3) Crimial P.C., pursuant to which, Lower Bazar P.S. Case No. 211 of 2013 was instituted. The allegation made in the FIR is that the petitioner claiming himself to be an Income-tax practitioner had taken a sum of Rs. 40.00 lakhs to Rs. 50 lakhs from the complainants for making payment of income tax but he never furnished any challans and returns submitted with the Income-tax Department. It was also alleged that the complainants had subsequently made another payment of Rs.10 lacs for payment of advance tax. The complainants could later on come to know that the petitioner had cheated them and only 10% of the amount towards deposition of income tax had been submitted. It is alleged that when the complainants had asked the petitioner to reimburse the cash amount, which was realised for last 6-7 years, the same was refused and ultimately the complaint case was instituted.