IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2651 of 2022 ------

Rakesh Ranjan, aged about 47 years, son of Sri Shyam Narayan, resident of Kishore Printing Press Building, Old Argora Road, P.O.- Doranda, P.S.- Argora, District- Ranchi.

… Petitioner Versus

1. The State of Jharkhand

2. Tapas Kr. Mallick, S/o Jamini Ranjan Mallick, resident of Sri Ram Garden, Flat No.3 to 4, 7th Floor, C Block, Kanke Road, P.O.-

Ranchi GPO, P.S.- Gonda, District- Ranchi.

… Opposite Parties ------

For the Petitioner : Mr. Amrendra Pradhan, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P.

For the O.P. No.2 : Mrs. Jasvindar Mazumdar,Advocate Mr. Rohan Mazumdar, Advocate Mr. Nishant Kumar Roy, Advocate ------

P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash/set aside the entire criminal proceeding in connection with Argora P.S. Case No.331 of 2020 corresponding to G.R. Case No.3713 of 2021 including the order dated 20.12.2021 in which case cognizance has been taken by the learned Judicial Magistrate-1st Class-XIII, Ranchi of the offences punishable under Section 406, 420, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner approached the informant to part with money by deceiving him. For parting with such money, the petitioner deceived the environment by falsely promising the informant that the petitioner will provide six flats in an apartment to the informant at the rate of Rs.10,00,000/- per flat and entered into a Memorandum of Understanding (MoU) with the informant by executing an agreement for purchase of six flats by the informant. During the process of deceiving the informant, the petitioner informed the informant that the petitioner has entered into an agreement with a land owner and shared the details of the same with the informant and such type of cheating was committed by the petitioner with several other persons also but the petitioner ultimately cheated and committed criminal breach of trust by dishonestly misappropriating the property entrusted by the informant to the tune of Rs.83,30,000/- and all amounts paid by the other victims of the act of cheating and criminal breach of trust. Police after conducting the investigation found the allegation against the petitioner to be true and submitted charge-sheet against the petitioner for having committed the offences punishable under Section 406, 420, 34 of the Indian Penal Code and the learned Judicial Magistrate-1st Class-XIII, Ranchi has taken cognizance of the said offences vide order dated 20.12.2021.

4. Learned counsel for the petitioner submits that the petitioner is proprietor of M/s Srijan Buildcon and he entered into development agreement with the land owner and the construction of the building was in process. Learned counsel for the petitioner next submits that this is a case of simple breach of agreement being the consumer dispute and civil dispute and cloak of criminal case has been given to the mere civil dispute to arm twist the petitioner. It is next submitted that none of the essential ingredients to constitute the offence punishable under Section 406 of the Indian Penal Code which has been defined in Section 405 of the Indian Penal Code or 420, the ingredients of which is mentioned in Section 415 of the Indian Penal Code is made out against the petitioner; even after the allegations made against the petitioner are considered to be true in their entirety. It is next submitted that the land owners have revoked the registered Power of Attorney granted in furtherance of development agreement; without any notice to the petitioner. It is next submitted that the petitioner has filed Original Suit (Title) No.312 of

2020 in the court of Sub-Judge-I, Civil Judge, Senior Division, Ranchi.

5. Learned counsel for the petitioner relie