Virendra Singh And Ors vs The State Of Jharkhand And Ors on 24 July, 2017

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Jharkhand High Court

Virendra Singh And Ors vs The State Of Jharkhand And Ors on 24 July, 2017

Bench: Rongon Mukhopadhyay

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr.M.P. No. 1596 of 2017
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            1. Virendra Singh
            2. Kamal Soonderji
            3. Jehangir Nusli Wadia               ... ... Petitioners
                                      Versus
            1. The State of Jharkhand
            2. Raj Kumar Agarwal
            3. Rahul Agarwal                    ... ... Opposite Parties
                                    ---------
    CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
                              ---------
          For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate
          For the State       : Mr. Ravi Kumar Singh, A.P.P.
                              ---------

03/24.07.2017

It has been submitted by Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioners that the petitioners are the high officials of Bombay Realty which is engaged in construction of multi storied buildings. Learned senior counsel for the petitioners submits that the agreement was entered into between the construction company and the informant and since the informant had not adhered to the terms and conditions of the agreement with respect to payment of installments notice was given to the informant and as the counter blast to the same a case was instituted against the petitioners. Learned senior counsel for the petitioners further submits that an arbitration clause is also in existence in the agreement and if at all aggrieved the informant could have invoked the arbitration clause for redressal of his grievance. It has been submitted by the learned senior counsel for the petitioners that even otherwise the dispute as it seems is purely civil in nature which does not attract any criminal prosecution and in such circumstance the entire criminal proceedings as against the petitioners deserves to be quashed.

Issue notice to the opposite party nos. 2 & 3 as to why this application shall not be admitted and/or disposed of at the admission stage itself, for which, requisite etc. under registered cover with A/D as well as under ordinary process be filed by 01.08.2017.

-2-

List this case after appearance of the opposite party no. 2 & 3, under the heading "For Admission".

Until further orders, no coercive steps shall be taken against the petitioners in connection with Bistupur P.S. Case No. 40 of 2017, corresponding to G.R. Case No. 429 of 2017 pending in the court of learned Chief Judicial Magistrate, Jamshedpur.

(R. Mukhopadhyay, J.) Alok/-

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