Jharkhand High Court
Amit John Barla vs The State Of Jharkhand And Anr. ...... ... on 4 May, 2022
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1087 of 2022
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1.Amit John Barla
2.Pawan Khalkho
3.James Shishir Lakra
4.Pushpa Lakra
5.Alan Maurice Goldsman ..... Petitioners
-- Versus --
The State of Jharkhand and Anr. ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Sumeet Gadodia, Advocate For the State :- Mr. Deepak Kumar Dubey, Advocate
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2/04.05.2022 This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.
It appears that inadvertently in place of O.P.No.3, O.P.no.2 has been typed. The learned counsel for the petitioners will make out necessary correction.
Mr. Gadodia, the learned counsel appearing on behalf of the petitioners submits that petitioner nos.1 and 2 are the erstwhile partners of O.P.Nos. 2 and 3 and the petitioner nos. 3 to 5 are the land owners which has been provided to the O.P.Nos.2 and 3 for development and only one building was constructed and it is not in terms of the agreement and the land owners are not satisfied with the construction work and they have entered into a fresh development agreement and for that, the complaint has been filed. He submits that the complaint case is not in parameters of the law laid down by the Hon'ble Supreme Court in the case of "Priyanka Shrivastava". He further submits that there is no averments that O.Ps. have approached the police under section 154 Cr.P.C and straight way the learned court has referred the matter to the police under section 156 (3) Cr.P.C.
Let notice be issued upon the O.P.Nos.2 and 3 by registered post with A/d as well as under ordinary process for which requisites etc. must be filed within two weeks.
Mr. Dubey,the learned counsel appearing for the respondent State will also assist the Court after taking instruction from the competent person.
Let it appear on 27.09.2022.
In the meantime, no coercive steps shall be taken against the petitioners in connection with Complaint Case No.1822 of 2019, pending in the court of Judicial Magistrate, Ranchi, till next date.
( Sanjay Kumar Dwivedi, J) SI/