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SANJAY KUMAR DWIVEDI
Adhunik Power & Natural Resources Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Indrajit Sinha, learned counsel for the petitioner, Mrs. Vandana Bharti, learned counsel for the State and Mr. Vikesh Kumar, learned counsel for the O.P. No. 2.
2. The petitioner has filed this application for quashing the entire criminal proceeding including order taking cognizance dated 22.03.2013 in connection with P.C. Case No. 79/2012 pending in the Court of learned Judicial Magistrate, Ist Class, Saraikella.
3. Complaint petition has been filed alleging therein during the last revisional survey the land bearing Plot No. 95 recorded under Khata No.24 of mouza Bada Hariharpur has been recorded in the name of Birad Poddar, (2) Ram Poddar, (3) Baidyanath Poddar, (4) Gour Poddar, (5) Sasadhar Poddar, (6) Jagat Poddar and (7) Guru Charan Poddar in Khata No.24 of mouza Bada Hariharpur. Out of the recorded raiyats only Ram Poddar is alive and other recorded raiyats have died leaving behind their respective heirs. Recorded raiyat Birad Poddar died leaving behind three sons Awadh, Prabodh @ Mansa and Gopal are alive. Recorded raiyat Baidyanath Poddar died leaving behind five sons Bistu, Guru, Bhola, Lala, and Badal. Recorded raiyat Gour Poddar died leaving behind thre
The essential ingredients of the offence of cheating must be met for a criminal proceeding to be sustained, and the distinction between executing a sale deed claiming the property as one's own and ex....
The central legal point established in the judgment is that allegations involving the execution of a sale deed claiming ownership do not necessarily constitute the offence of cheating under section 4....
The court ruled that allegations of cheating under Section 420 IPC require evidence of fraudulent intent at the time of transaction, which was lacking, necessitating a quash of criminal proceedings.
The central legal point established in the judgment is the distinction between executing a sale deed claiming ownership and executing a sale deed fraudulently, and the essential ingredients of the of....
The main legal point established in the judgment is that the sale deed being void and illegal is a subject matter of civil dispute and cannot be the ground for filing an FIR. The court also clarified....
The absence of specific allegations of deception and intent to defraud against a party in criminal proceedings can lead to the quashing of charges under the Indian Penal Code.
Allegations of forgery and cheating under IPC Sections 467, 468, and 420 were not substantiated, necessitating resolution of boundary disputes in civil court.
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