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SANJAY KUMAR DWIVEDI
Baba Baidyanath Medical Trust, through its Trustee Devta Kumar Pandey, son of Binod Kumar Pandey – Appellant
Versus
State of Jharkhand – Respondent
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 petitione
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.
The court upheld the dismissal of a writ petition due to the availability of an alternative remedy under the Recovery of Debts and Bankruptcy Act, emphasizing the need for statutory compliance in auc....
The main legal point established in the judgment is the priority of secured creditors, the overriding effect of the SARFAESI Act, and the protection of rights of auction purchasers.
A bona fide purchaser at auction is protected, and a writ petition challenging the confirmation of sale is not maintainable if filed beyond the statutory period.
Executive Magistrates cannot initiate proceedings under Section 145 Cr.PC if a civil suit related to the same property is ongoing, as it encroaches on civil jurisdiction without established emergency....
Auction sale under SARFAESI Act upheld; simultaneous civil proceedings do not invalidate the completed transaction, and allegations of undervaluation found unsubstantiated.
Point of Law – The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution This power can be exercise....
The borrower's right of redemption is extinguished upon the publication of the auction notice, allowing the auction purchaser to claim possession.
While expressing the aforesaid view, we are conscious that the powers conferred upon the High Court under Article 226 of the Constitution to issue to any person or authority, including in appropriate....
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