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2023 Supreme(Jhk) 1133

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Propertymen Realty Pvt. Ltd. - Appellant
Vs.
The State of Jharkhand & Ors. - Respondents
W.P.(Cr.) No. 402 of 2023
Decided On : 14-09-2023

Advocates:
Advocate Appeared:
For the Petitioners:Mr. Indrajit Sinha, Mr. Ajay Kumar Sah, Mr. Rishav Kumar, Advocate.
For the State : Mr. Binit Chandra, A.C. to A.A.G.-III., Mr. Nilesh Kumar, Mr. Amit Kumar Sinha, Ms Sonal Sodhani, Advs.
For the UOI : Mr. N. Parth Sarthi, A.C. to A.S.G.I.

Headnote:This judgment pertains to W.P.(Cr.) No. 402 of 2023, where the petitioners challenged the FIR registered against them under various sections of the IPC. The Court emphasized the procedural failures of the police. It highlighted the necessity of CCTV footage preservation as per Supreme Court directives and established the need for judicial intervention in cases of police overreach. The petition was ultimately dismissed, reinforcing that there were disputed facts requiring a trial.

Table of Content
1. procedural background and the initiation of the fir. (Para 1 , 2 , 3)
2. factual allegations regarding fraud and police misconduct. (Para 4 , 5 , 6)
3. court's need to address police high-handedness. (Para 7 , 8 , 9)
4. legal principles cited pertaining to fir dismissal. (Para 10 , 11 , 12)
5. defining the limits of judicial intervention. (Para 13 , 14 , 15 , 16)
6. reinforcement of procedural rights by maintaining evidence. (Para 17 , 18 , 19)

JUDGMENT :

Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioners, Mr. Binit Chandra, learned A.C. to G.A.-III appearing for the State and Mr. Nilesh Kumar, learned counsel appearing for the respondent No. 5.

2. It appears that the petitioners have approached the Hon’ble Supreme Court under Article 32 of the Constitution of India directly in W.P. (Crl.) No. 275 of 2023, which was permitted to be withdrawn with the liberty to the petitioners to approach the High Court, having the territorial jurisdiction and certain interim protection was provided for a week by the Hon’ble Supreme Court and the said interim order was further extended by another order of the Hon’ble Supreme Court and thereafter the present writ petition was filed on behalf of the petitioners and on their mention, the matter was taken up and on the first day i.e. on 11.07.2023, the following order was passed, which is reproduced herein below:-

    “The petitioner moved before the Hon'ble Supreme Court in W.P. (Criminal) No.275/2023 and on 03.07.2023, the said writ petition was dismissed as withdrawn observing therein as under:

    “Learned senior counsel appearing for the petitioners state that they may be permitted to withdraw the petition with a liberty to approach the High Court having jurisdiction. They have pressed for some interim protection in view the antecedents and further threat of being arrested.

    Considering the submissions and material placed on record we only provide that for a period of one week, the petitioner may not be arrested in connection with FIR No.0097 dated 10.05.2023 registered at P.S. Bankmore, District Dhanbad.

    It is further provided that in case the petitioners approach the jurisdictional High Court, they would be at liberty to make a request before the Hon’ble the Chief Justice for taking up their matter urgently either on the same day or within next 24 hours of filing subject to removal of all objections and petition being in order.

    The writ petition is dismissed as withdrawn with liberty as prayed for.”

    2. Pursuant to that, this matter was mentioned before Hon'ble the Chief Justice yesterday by the learned counsel appearing for the petitioners and that is how, this matter has been directed to be listed today.

    3. Mr. Indrajit Sinha, learned counsel for the petitioners submits that it was brought to the knowledge of the Hon'ble Supreme Court yesterday that the matter has been listed before the High Court for today and in view of that, the Hon'ble Supreme Court has further passed following order on 10.07.2023:

    “1. Upon mention being made by Mr. Siddharth Bhatnagar, learned Senior Counsel for the petitioners expressing urgency, this application has been taken on board.

    2. The interim protection provided in the order dated 03-07-2023 is extended for a further period of one week from today.

    3. Upon instructions, learned Senior Counsel has informed that his mentioning before the High Court has been accepted and the writ petition is now kept for tomorrow for hearing.

    4. The interim protection provided today will abide by the orders that may be passed by the High Court.

    5. Interlocutory Application stands disposed of.

    6. Miscellaneous Application also stands disposed of.”

    4. Mr. Indrajit Sinha, learned counsel for the petitioners submits that the informant and Pratik Kothari are Directors of Sat Guru Distributors Pvt. Ltd. and is entrusted to invest in property at Kolkata. In January, 2010, Souvik Banerjee introduced himself as Director of Propertymen Realty Pvt. Ltd and subsequently Souvik Ban

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