Shasank Gupta And Another vs The State Of Jharkhand And Another
2021 Latest Caselaw 823 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   Cr. M. P. No. 1097 of 2008

                       Shasank Gupta and another         ...  ...                   Petitioner
                                             Versus
                       The State of Jharkhand and another ...   ...               Opp. Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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Through: Video Conferencing

16/19.02.2021

1. Heard Mr. Anil Kumar Sinha, learned senior counsel appearing on behalf of the petitioner.

2. Heard learned counsel appearing on behalf of opposite party No.-2.

3. Learned counsel for the opposite party-State Mr. Jitendra Pandey is also present.

4. Learned senior counsel for the petitioner submits that so far as the accused No.-1 is concerned, he has expired on 26.06.2011 and he had filed Criminal Miscellaneous Petition No. 753 of 2008 and on account of his death, the same was withdrawn vide order dated 01.08.2012. The learned senior counsel has placed the complaint petition and has submitted that upon perusal of the entire complaint case, it appears that the entire case arises out of civil dispute between the parties and it is alleged that there were certain transaction of money pursuant to agreement dated 13.11.2006 and as per the complainant himself, he was put in possession of the property alongwith witness No.-1. The grievance of the complainant is that ultimately the sale-deed was not executed in spite of the fact that huge amount was taken by the accused persons. He submits that no criminal case is made out upon perusal of the complaint case and therefore the entire criminal proceeding is fit to be quashed and set- aside. The learned senior counsel has heavily relied upon the judgment passed by the Hon'ble Supreme Court reported in (2015) 8 SCC 293.

5. During the course of argument, the learned counsel appearing on behalf of opposite party No.-2 seeks adjournment to examine the judgments relied upon by the petitioner.

6. Accordingly, the matter is adjourned and is directed to be posted on 05.03.2021 to be taken up as first case at 10:30 a.m.

(Anubha Rawat Choudhary, J.) Mukul