RAM BINOD CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding including the First Information Report (F.I.R.) registered as Sukhdeo Nagar (Pandra O.P.) P.S. Case No.459 of 2020 for the offences punishable under Ss. 406, 420, 120B, 506 of the Indian Penal Code.

(3.) The allegation against the petitioners is that the petitioner No.1 being the Chairman, petitioner No.2 being the then Chief Executive Officer and the petitioner No.3 being the present Chief Executive Officer of Mithila Grih Nirman Swablambi Sahkari Samiti Ltd. registered under the Bihar and Orissa Co-operative Societies Act, VI of 1935, sold two pieces of land to the informant on behalf of the said society; one measuring five (5) decimals and the other measuring 3.5 decimals. The undisputed fact remains that consequent upon the sale of the land, correction slip in respect of the land, has also been made in the revenue records, the copy of which has been kept at page-48 of the brief which is also the part of the F.I.R. It is the claim of the informant that the petitioners have sold a land other than the land in respect of which sale-deed has been executed but it is the admitted case of the informant that both the lands are adjacent to each other. On the basis of the written-report submitted by the informant, police registered Sukhdeo Nagar (Pandra O.P.) P.S. Case No.459 of 2020 and took up the investigation of the case.