Jharkhand High Court
Bishwa Ranjan Tiwari And Ors vs The State Of Jharkhand And Anr on 21 June, 2016
Author: D. N. Upadhyay
Bench: D.N. Upadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1267 of 2016
1.Bishwa Ranjan Tiwari
2.Ajay Kumar Saha
3.Jitendra Kumar Saha @ Jitendra Saha @ Jitendra Prasad Shaha
...... Petitioners
Versus
1.The State of Jharkhand
2. Anish Chandra Gupta ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioner : Mr. Ashutosh Mishra, Advocate
For the State : A.P.P.
06/21.06.2016Heard the parties.
It is alleged in the complaint that the complainant executed land development agreement in favour of accused persons with respect to the land mentioned in the complaint. It is further alleged that as per terms and conditions, the accused persons were supposed to complete the construction over the land within 36 months, but it was not done and, therefore, the complainant published public notice cancelling the power of attorney executed in favour of accused persons, but even then in the year 2014, the accused persons had started construction over the land in dispute.
It is submitted that the land development agreement and the power of attorney executed are not in dispute. No offence under section 420 read with Section 120(B) I.P.C. is made out. It is purely a civil dispute between the parties and the remedy to the complainant is available by filing civil suit.
Counsel for the State has opposed the prayer and submitted that knowing fully well that power of attorney executed in favour of accused persons has been cancelled, they continued with the construction over the land in dispute and are intending to sell the flats to different purchasers.
Be that as it may, dispute regarding construction over the land in question has now been arisen between the parties.
Considering the facts and circumstances, the above named petitioners are directed to surrender before the Court below within a period of three weeks from today and on such surrender, they shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Dhanbad in connection with C.P. Case no.2751 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.
(D. N. Upadhyay, J.) s.b.