Proceedings under Sections 145 and 146 Cr.P.C. were quashed due to lack of jurisdiction and violation of natural justice principles, as the petitioners were not given an opportunity to be heard.

JUDGMENT :

Heard Mr. Ajit Kumar, learned senior counsel appearing for the petitioners, Mr. Ravi Prakash Mishra, learned counsel for the State, Mr. P.A.S. Pati, learned counsel for the Bank and Mr. Abhishek Krishna Gupta, learned counsel for respondent no.6.

2. The prayer in the writ petition is made for quashing of the entire proceedings in Criminal Misc. Case No.29 of 2024 pending before respondent no.2 on the ground the same is without jurisdiction and is in the teeth of order of status quo passed on 24.02.2024 by the High Court in W.P.(C) No.165 of 2024 and without impleading the necessary party i.e. petitioner no.1. The further prayer is made for quashing the order dated 07.02.2024, contained in Annexure-8 passed by respondent no.2 in Criminal Misc. Case No.29 of 2024, whereby, the scheduled property was attached and respondent no.3 was appointed as the receiver of the scheduled property. The prayer is also made for quashing of the warrant of attachment dated 07.02.2024, contained in Annexure-9 issued under Section 146(1) Cr.P.C. by respondent no.2 in Criminal Misc. Case No.29 of 2024.

3. Mr. Ajit Kumar, learned senior counsel appearing for the petitioners submitted that petitioner no.1 is a registered Trust whose trustees are citizen of India and petitioner no.2 is its Trustee who is looking affairs of petitioner no.1-Trust. He submitted that respondent no.6 is a private individual who had filed a complaint before respondent no.2 on the basis of which Criminal Misc. Case No.29 of 2024 was instituted. He further submitted that the land is situated at Village Mohanpur, Thana No.224, Jamabandi No.11, P.S. Jasidih, District- Deoghar, Plot Nos.301, 309, 310/689, 63, 64, 65, 73, 75, 76, 77, 78, 79, 80, 87, 88, 193, 197, 204, 282, 308, 339, 340, 341, 352, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 375, 381, 408, 417, 453, 81/685, 81 and 74 ad-measuring an area of 26 acres and 50 decimals along with land, building, structures including all movable items, medical machines and equipment, hospital fixtures and furniture (scheduled property) belonged to M/s Paritran Medical College and Hospital. M/s Paritran Medical College and Hospital had mortgaged the scheduled property for seeking financial assistance of Rs.93 Crores from the consortium of Banks of which respondent no.4 was the leading Bank and United Bank of India and Oriental Bank of Commerce were members of the consortium for implementation of project. He then submitted that M/s Paritran Medical College and Hospital was unable to repay the loan amount and the loan account was declared NPA by Punjab National Bank on 31.03.2011, Union Bank of India on 30.09.2010 and Oriental Bank of Commerce on 31.12.2010, thereafter, the Banks filed O.A. No.154 of 2013 before the Debts Recovery Tribunal, Ranchi for recovery of a sum of Rs.1,41,39,09,761.56/- (Rupees One Hundred and Forty One Crores Thirty Nine Lakhs Nine Thousand Seven Hundred and Sixty One and Fifty Six Paise). The said O.A. was allowed by the Debts Recovery Tribunal, Ranchi vide order dated 26.06.2015 and recovery certificate was issued for recovery of an amount of Rs.1,41,39,09,761.56/- (Rupees One Hundred and Forty One Crores Thirty Nine Lakhs Nine Thousand Seven Hundred and Sixty One and Fifty Six Paise) and, thereafter, demand notice dated 13.07.2015 was issued by the Recovery Officer, Debts Recovery Tribunal, Ranchi wherein M/s Paritran Medical College and Hospital was called upon to pay the certificate amount. The Recovery Officer vide order dated 13.04.2016 issued the warrant of attachment for attachment of immovable property mortgaged with the consortium Bank which was forwarded to the Recovery Inspector and another warrant of attachment of movable properties was issued on 27.10.2016 and receiver was appointed for preparation of inventory of movable properties. He further submitted that the Recovery Officer, Debts Recovery Tribunal and Bank have thereafter taken repeated efforts to auction the sched