Allowed

Rakesh Kumar Sinha and Ors. v. State Of Bihar and Anr.

Patna HC13 Sept 2018CR. MISC./1949/2016

Case brief

AI extract

What is this about?

The petitioners challenged the order taking cognizance of a cheating complaint. The High Court noted police investigation found the case civil as there was no completed sale agreement and demand drafts were largely cancelled by the complainant. No criminal intent was made out.

What did the court decide?

Quashing of the impugned order dated 15.02.2012 and the entire criminal proceedings against the petitioners.

Rakesh Kumar Sinha and Ors. Vs State Of Bihar and Anr. — Quashing and FIR | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1949 of 2016

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Arising Out of PS. Case No.-1354 Year-2010 Thana- BUXAR COMPLAINT CASE DistrictBuxar

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======================================================

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1. Rakesh Kumar Sinha Son of Jagarnath Lal

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Rupesh Kumar Sinha Son of Jagarnath Lal

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Rajesh Kumar Sinha Son of Jagarnath Lal All residents of village- Gorakhpur, Ekta Nagar, P.S.- Gorakhpur, DistrictGorakhpur (U.P.)

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... ... Petitioner/s

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Versus

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The State of Bihar

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Md. Naseem Ansari @ Gorkha Mian Son of Md. Qiyamuddin Ansari, resident of Dumraon, Lala Toli Road, Mohalla- Delvani, Ward No. 5, P.S.- Dumraon, District- Buxar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashhar Mustafa ,Advocate For the Opposite Party/s : Mr. Rabindra Kumar APP For O.P.No.2 : Mr. Parijat Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT

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Date : 13-09-2018

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This petition under Section 482 Cr. P.C. has been filed for quashing the order dated 15.2.2012 passed by JM, Buxar in Tr. no. 1302 of 2015, arising out of Protest cum -complaint case no. 1354C of 2010 by which learned Magistrate has taken cognizance for the offence under Sections 406 and 420 of the IPC.

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Learned counsel for the petitioners has submitted that in the instant case earlier police after investigation found the case to be of civil nature and submitted closure report vide final report no. 154/10 31.8.2010 (Annexure-2). Thereafter,

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Patna High Court Cr.Misc. No.1949 of 2016 dt.13-09-2018 2/4

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learned Magistrate proceeded on the basis of protest-cumcomplaint petition and by impugned order found prima facie case against these petitioners for the offence under Sections 406 and 420 of the IPC. It is further submitted that there is no chit of paper available with the complainant to show that any agreement for sale was entered into between them. He has further submitted that all these eight demand drafts which is said to have been given to the petitioners by the complainant have not been received by the petitioners. In this regard, he has referred to Annexure-4 which shows that out of eight demand drafts, seven demand drafts have been cancelled by the complainant himself and one of the demand draft was encashed by one person, namely, Dhiraj Kumar who is not related with these petitioners.

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Learned counsel for the Opposite party no.2 has appeared. Neither any counter affidavit nor any chit of paper has been filed by the opposite party no.2 to demonstrate that any agreement of sale has been entered into between the petitioners and the complainant.

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As per the prosecution case, the petitioners showed him a piece of land measuring around 12 ½ decimals. An agreement was executed to this effect. The complainant issued

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Patna High Court Cr.Misc. No.1949 of 2016 dt.13-09-2018 3/4

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six drafts in favour of petitioner no.2, one in favour of petitioner no.1 and one in favour of co accused Pankaj Kumar Sinha. In this manner, complainant paid a total amount of Rs. Seven lacs. Complainant claimed to have paid Rs. four lacs by way of drafts and another three lacs by cash to petitioner no.1. It is alleged that after entering into an agreement and receiving the payment petitioners executed an agreement for sale in favour of Subodh Kumar Sinha. The petitioner have neither agreed to execute the sale deed in favour of the complainant nor returned the money.

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Learned counsel for the petitioners has pointed out Annexure-4 which is report submitted by the State Bank of India, Dumraon to the police during investigation of the case, wherein, it is mentioned that seven out of eight drafts alleged to have been given by the complainant have been cancelled by the complainant himself and one of the demand draft was encashed by Dhiraj Kumar who is not related with these petitioners.

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Opposite party no.2 has not produced any chit of paper to show that any agreement for sale was entered into between the parties. The police after proper investigation found the case to be of civil nature and submitted final form.

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Patna High Court Cr.Misc. No.1949 of 2016 dt.13-09-2018 4/4

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Therefore, this Court finds that this is a case of civil nature and no any mens rea is made out of any criminal offence.

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Accordingly, the impugned order dated 15.02.2012 passed by J.M, Buxar in Tr. no. 1302 of 2015, arising out of Protest- cum- -complaint case no. 1354C of 2010 along with entire criminal proceeding against the petitioners is hereby quashed.

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This Cr. Misc. petition is, accordingly, allowed. .

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(Sanjay Priya, J)

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shyambihari/-

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AFR/AFR	AFR
CAV DATE	N/A
Uploading Date	19.9.2018
Transmission Date	19.9.2018

Rakesh Kumar Sinha and Ors. v. State Of Bihar and Anr.

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Rakesh Kumar Sinha and Ors. v. State Of Bihar and Anr.

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