PANKAJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal miscellaneous application has been preferred by the four petitioners being aggrieved and dissatisfied with order dated 04.03.2016 passed in Criminal Revision No. 246 of 2014, passed by the learned Session Judge, Deoghar, whereby and where under the order dated 10.10.2014 rejecting the petition of the petitioners filed under section 239 CR.P.C, 1973 passed by learned SubDivisional Judicial Magistrate, Deoghar passed in connection with petition filed by the petitioners under section 239 Cr.P.C , 1973(arising out of Deoghar P.S. Case No. 394 of 2006 dated 02.12.2006 under sections 420, 467, 427 of the Indian Penal Code, corresponding to G.R. No. 1069 of 2006 has been affirmed.

(2.) The prosecution case, in short, is that the instant case has arisen on the basis of a petition filed by the complainant being complaint Case No. 826 of 2006 which was referred to the police station under section 156(3) Cr.P.C , 1973and subsequently, Deoghar P.S. Case No. 394 of 2006 dated 012006, under sections 420, 467, 427, has been registered alleging inter alia that one M/s Dhandhaniya Brothers Pvt. Ltd, Company acquired two storied building No. 170 , Ward No. 2, Plot No. 698 at Jasidih, Deoghar in the year, 1957 through a registered sale deed from its rightful legal owners. The said properly known as 'Dhandhaniya Kothi'.

(3.) It appears that police after investigation submitted final form being Final Form No. 90 of 2011 under section 407, 427 of the Indian Penal Code against the petitioners herein on 02.02011. Thereafter, learned Chief Judicial Magistrate, Deoghar under order dated 21.04.2011 took cognizance under section 420, 467, 427 of the Indian Penal Code and the case was transferred to the learned Additional Chief Judicial Magistrate, Deoghar for trial and disposal.