The High Court of Jharkhand dismissed an application to quash an FIR. The Court held that allegations of using fake sale deeds and rent receipts to secure a bank loan involved a criminal element beyond a civil dispute, making the application untenable.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Miscellaneous Petition No. 3127 of 2014
Nand Kishore Singh son of Late Ranjit Singh resident of Dunduria, Ward No. 2, PO, PS & Dist. Gumla
… … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Ashish Kumar Shekhar, Advocate For the Opposite Party : Mr. Sanjay Kumar, A.P.P.
6/20.07.2016 Heard Mr. Ashish Kumar Shekhar, learned counsel for the petitioner and Mr. Sanjay Kumar, learned A.P.P. for the State.
In this application, the petitioner has prayed for quashing of the FIR in connection with Gumla P. S. Case No. 282 of 2014 which has been instituted for the offence punishable under Sections 409, 466, 467, 471, 120(B) & 34 of the I.P.C.
It has been submitted by the learned counsel for the petitioner that there is a dispute between the petitioner and the informant with respect to purchase of a land and in fact the petitioner is bona-fide purchaser of the land against which loan had been taken by the petitioner. He has submitted that loan has been cleared by the petitioner. He further submits that the entire dispute is civil in nature and there being no criminal element present in the FIR, the proceedings are liable to be quashed and set aside.
Mr. Sanjay Kumar, learned A.P.P. for the State has opposed the prayer made by the petitioner and has stated that in course of investigation, the allegations made against the petitioner came to be true which led to submission of charge-sheet.
It appears that as per the allegation made in the complaint petition which was initially filed against the petitioner on the basis of a fake sale deed and mutation receipt and in connivance of the bank manager of Bank of Baroda, Gumla branch had taken a loan of Rs. 9,25,000/-. It further appears from the FIR that against the order by which the land in question was mutated in favour of the petitioner, an appeal was preferred by the informant before the LRDC, Gumla
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wherein the order of the Circle Officer, Gumla in Mutation Case No. 1220R-27 of 2006-07 was quashed and the Circle Officer was directed to issue rent receipt in the name of the father of the informant.
The allegation which had been made was subsequently found to be true in course of investigation. Such allegation do not purely constitute a civil dispute as there is a criminal element present in view of the intention of the petitioner to get sanction a loan from the Bank of Baroda using fake sale deed and using fake rent receipt. Such action on the part of the petitioner certainly invites a criminal offence.
Since, there appears to be a criminal offence committed by the petitioner, I am not inclined to entertain this application, which is accordingly dismissed.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether an FIR alleging issuance of a loan via fake sale deed and fake rent receipt to secure a bank loan, despite underlying civil land dispute, involves a criminal element warranting dismissal of th
Nand Kishore Singh
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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