Partly allowed

Hari Shanker Singh v. The State Of Jharkhand

Jharkhand HC9 Mar 2015Cr.M.P./2483/2014

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash an FIR and add the Senior Manager of Central Bank of India as an opposite party. Court granted permission to add the party, issued notice, and stayed coercive measures against the petitioner until the return of the notice.

What did the court decide?

Permission granted to add Senior Manager, Central Bank of India as opposite party; notice issued; coercive steps against petitioner stayed till 15th January, 2015.

Hari Shanker Singh Vs The State Of Jharkhand — Quashing and FIR | Jharkhand HC (2015)

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IN THE HIGH CORT OF JHARKHAND, RANCHI

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Cr. M.P. No.2483 of 2014

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Hari Shanker Singh ... …....... Petitioner

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-- Versus --

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The State of Jharkhand &Anr …....... Opposite Parties

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CORAM :- HON'BLE MR. JUSTICE P.P. BHATT

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For the Petitioner :- Mr. Praveen Kumar Advocate

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For the State :- A.P.P.

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2/ 4.12.2014 The present application is filed under section 482 of the Code of Criminal Procedure for quashing the FIR No. 1100 of 2013 dated 9.12.2013 of Kotwali P.S(Pandra) Ranchi corresponding to G.R Case No.6763 of 2013 lodged under sections 467/ 468/ 471/ 406/420 /120-B of the Indian Penal Code against the petitioner and other accused persons.

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The learned counsel appearing for the petitioner submitted that the present petitioner is a valuer, who carried out valuation and submitted its report vide annexure-3 series. By referring annexure-2 i.e. letter issued by the Chief Manager,Central Bank of India, regarding Empanelment in the list of Approved Valuers by referring clause-7 it is pointed out that valuer can be held responsible for any over valuation,wrong valuation, under valuation etc of the property valued by him and in such case valuer is liable for civil/criminal action as it is deemed fit. It is further submitted that in the instant case FIR has been lodged with an allegation that deeds in question were forged one. It is submitted that official valuer of the Central Bank of India cannot be held responsible for such allegation in any manner. However, the present petitioner has been falsely implicated in the alleged offence.

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The learned A.P.P appearing for the State submitted that since the present FIR has been instituted at the

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instance of the Central Bank of India and looking to the controversy involved in the said FIR, the Senior Manager, Central Bank of India may be arrayed as opposite party no.2 in this case.

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In view of the above submission, learned counsel appearing for the petitioner seeks permission to add the opposite party No.2 as party in this case.

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Permission, as sought for, is granted.

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Let necessary amendment be carried out in the cause title of the petition by Red Ink.

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Let notice be issued to the opposite party no.2 under registered cover with A/D as well as by ordinary process for which requisite etc must be filed on/before 12th December, 2014.

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Notice is made returnable on 15th January,

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Put up this case on 15th January,2015.

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Having regard to submissions made by the learned counsel appearing for the petitioner, there shall be no coercive steps against this petitioner in connection with Kotwali P.S(Pandra) case No.1110 of 2013 Corresponding to G.R No. 6763 of 2013 pending in the court of learned Chief Judicial Magistrate, Ranchi till 15th January, 2015.

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(P.P. BHATT, J.)

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Hari Shanker Singh v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Hari Shanker Singh v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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