The main legal point established in the judgment is that allegations of illegal construction and deviation from sanctioned maps warrant further investigation and are not subject to quashing based on a judgment related to a different legal issue.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Shailesh, learned counsel appearing for the petitioner and Mr. Vineet Kumar Vashistha, learned A.P.P. for the State.

2. This criminal miscellaneous petition has been filed for quashing of the entire criminal proceedings, in connection with Dhanbad P.S. Case No. 394 of 2020, pending in the Court of learned Chief Judicial Magistrate, Dhanbad.

3. The case was instituted on a written complaint given by O.P. No. 2 on 04.10.2020 before the Officer-in-Charge, Dhanbad P.S. stating and alleging therein that one Ranjan Kumar in connivance with Rama Kumari and other partners of Nirmala Nand Constructions had mischievously grabbed Rs. 53,00,000/- by selling a flat in Malti Kunj Apartment, Jai Prakash Nagar, Dhanbad. It is alleged in the said written report that the flat in question which was sold to the informant was not constructed in accordance with the provisions laid down by MADA, Dhanbad and the whole building of Malti Kunj Apartment was constructed on a fake and unapproved map.

It is further alleged that several other people were also involved in the whole episode. Further it is alleged that the informant intended to purchase a flat when her family was approached by one Ranjan Kumar and his wife Rama Kumari who informed them about the construction of flats under the name of Malti Kunj Apartment which was being constructed under their firm Nirmala Nand Construction. It is further stated by the informant that she agreed to purchase two flats situated on fourth floor of Malti Kunj Apartment bearing Nos. 501 and 502 which were merged into one flat having an area of 2250 sq. ft. on being satisfied, the informant and her husband proceed by the fake assurance of Ranjan Sinha and his wife Rama Kumari.

It was agreed that the total purchase amount of both the flats No. 501 and 502 was Rs. 53,00,000/- along with two parking spaces provided in the basement of the building. On being satisfied with the physical verification of two flats, an agreement was prepared between both the parties to the tune of Rs. 53,00,000/- and the money was paid by the informant to Ranjan Kumar vide different cheque and registered agreement deed bearing registration No. 6148/5660 dated 20.08.2018 was prepared in favour of the informant.

It is further stated that it was promised by Ranjan Sinha and his wife that whatever construction completed during the possession of the said flats and it was also assured on their behalf that the completion certificate shall also be procured and handed over to the informant, but all these assurances turned futile since the date of lodging of the FIR, the promised works were never completed.

4. Learned counsel appearing for the petitioner submits that the O.P. No. 2 has entered into a registered agreement for purchase of two flats after paying the consideration amount of Rs. 53,00,000/-. He submits that after payment of Rs. 53,00,000/- the builder has completed the works, as promised by him. He further submits that the case of the petitioner is fully covered by the Judgment of the Hon’ble Supreme Court in the case of Mitesh Kumar J. Sha vs. State of Karnataka and Others, (2021) SCC Online SC 976.

5. Learned A.P.P. appearing for the State submits that there is allegation against the petitioner and only the FIR is under challenge and he submits that if the ingredients of criminal sections are there is no bar for civil as well as criminal prosecution. He relied upon a judgment of the Hon’ble Supreme Court in the case of Vijayander Kumar and Others vs. State of Rajasthan and Another, (2014) ACR 310.

6. The court has perused the FIR. In the FIR, there is allegation against the petitioner, as he has deviated from the sanctioned map and there is allegation of illegal construction of Malti Kunj Apartment, which is the subject matter of the FIR. There is also allegation of forged map of construction. There are allegations of deviation. The hard earned money has been invested by the O.P. No. 2 for purchasin