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2018 Supreme(Jhk) 2413

ANANT BIJAY SINGH
Pankaj Kumar – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
Mr. Sudhansu Kr. Deo, Advocate, for the Appellants; APP, for the State; Mr. Lalit Yadav, Advocate, for the O.P. No. 2

Judgement Key Points

Based on the provided legal document, here are the key points:

  • The case involves a criminal miscellaneous application preferred by four petitioners who were aggrieved by an order dated 04.03.2016 passed in Criminal Revision No. 246 of 2014, which affirmed the rejection of a petition filed under Section 239 of the Cr.P.C, 1973 (!) .
  • The prosecution case alleges that M/s Dhandhaniya Brothers Pvt. Ltd. acquired a building in 1957, and subsequently, miscreants colluded with local influential persons to fraudulently dispose of this property ("Dhandhaniya Kothi") to ten purchasers through registered sale deeds (!) .
  • The allegation includes that the vendors and vendees conspired to cheat, dishonestly induce delivery of property, and commit mischief by creating false and forged documents (!) .
  • The police registered Deoghar P.S. Case No. 394 of 2006 under Sections 420, 467, and 427 of the Indian Penal Code after receiving a complaint under Section 156(3) Cr.P.C (!) (!) .
  • The petitioners argue that they are bona fide purchasers who acquired the property via Power of Attorney from Raj Kishore Chodhary and that the investigating officer found no material against them, stating they were victims of circumstances (!) .
  • The petitioners contend that a Title Suit for cancellation of sale deeds is pending in the Civil Court, and initiating criminal proceedings for the same cause of action without a finding from the Civil Court amounts to an abuse of the process of the Court (!) .
  • The petitioners rely on the Supreme Court judgment in Mohammad Ibrahim & Others vs. State of Bihar (2009) 8 SCC 751, arguing that since they are bona fide purchasers, the ingredients of Sections 420, 467, and 427 IPC are not satisfied against them (!) (!) (!) .
  • The High Court emphasized that at the initial stage of framing a charge, the court is concerned with a strong suspicion

ORDER

Anant Bijay Singh, J. - 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 02.12.2006, 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 ,

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