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2012 Supreme(Jhk) 590

PRASHANT KUMAR
Manohar Prasad Bhadani – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioners - Mr. Manoj Prasad,
For the Respondent - Mr. Srijit Choudhary,

JUDGMENT

By Court - In this application, petitioners pray for quashing of F.I.R. in connection with Koderma P.S. Case No. 274 of 2001 dated 13.07.2001 under Sections 420, 467, 468, 471, 120B, 379 of the I.P.C.

2. It is alleged that petitioner no. 1 being a shareholder of M/s Chattu Ram Horil Ram Pvt. Ltd. (hereinafter referred as 'Company') sold a portion of land pertaining to Khata No. 322 knowingly that he had no power to sell aforesaid land. It is alleged that by doing so petitioner no. 1 put loss to the Company.

3. It is submitted by learned counsel for the petitioners that the allegations made in the first information report do not constitute any offence. It is submitted that for the same land a title suit is pending between the parties, which shows that ownership of the lands in question is in dispute. Accordingly, it is prayed that the F.I.R. be quashed.

4. On the other hand, Sri Srijit Choudhary, G.A. submits that in the first information report there is allegation that petitioner no. 1 was knowing that the land belongs to the Company and has no power to sell it, but inspite that he sold the land and by doing so, cause loss to the Company. Thus, the offence of cheating is ma





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