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2014 Supreme(Jhk) 723

D.N.UPADHYAY
Dharma Nand Jha – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared
For the Petitioner(s):Mr. J.P. Jha, Sr. Advocate & Sunil Kumar Sinha, Advocate
For the Respondent(s) No.1: G.P. III
For the Respondent(s) No. 2:Mr. K. K. Singh, Advocate

ORDER

This writ petition (criminal) has been filed for quashing the F.I.R. including entire criminal prosecution arising out of Doranda (Argora) P.S. case No. 446 of 2011 dated 2.11.2011 corresponding to G.R. No. 5513 of 2011 registered u/s 420, 467, 468, 471/34 I.P.C. pending in the Court of learned S.D.J.M., Ranchi.

2. The facts in brief is that Minakshi Sahkari Grih Nirman Samiti Ltd. (hereinafter to be referred as the 'MSGNSL') had taken a loan of Rs. 1,50,00,000/-(Rupees one crore fifty lacs) from the Bihar State Housing Cooperative Federation Ltd., Patna (hereinafter to be referred as the 'Federation'), from its regional office situated at Indira Palace, Hinoo, Ranchi, P.S. Doranda against their project i.e. for construction of apartment at Kaju Bagan, West End Park, Hehal, Sukhdeo Nagar, Ranchi and the property was put under mortgage with the Federation. An agreement was also executed between the MSGNSL and the Federation and as per the agreement, the flats constructed can only be sold after seeking No Objection Certificate from the Federation. It was revealed that writ petitioners who are the President and the Secretary of MSGNSL, without seeking no objection certificate, so































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