Lakhan Lal Sahu And Ors vs The State Of Jharkhand And Anr
2022 Latest Caselaw 990 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
                                ----

Cr.M.P. No. 2995 of 2021

----

      Lakhan Lal Sahu and ors.                         ..... Petitioners
                               --    Versus       --
      The State of Jharkhand and Anr.                  ...... Opposite Parties
                                      ----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioners :- Mr. Suraj Singh, Advocate For the O.P.2 :- Mr. Devesh Krishna, Adv.

----

4/10.03.2022 The learned counsel for the petitioners submits that there

was an agreement between the petitioner no.1 and the father of

petitioner no.2 and 3 with the O.P.No.2 for sale of their landed property

situate at Mouja Chutia, PS Chutia, District Ranchi under Khata No.103,

Thana No.211, Plot No.1161, 1162, 1163 measuring area 2 acres 16

decimals for a consideration amount of Rs.70,000/- per katha on

01.02.2006 but the O.P.no.2 deliberately not annexed the said agreement

with his complaint petition whereas the O.P.No.2 failed to pay the

consideration amount as mentioned in the aforesaid agreement. Inspite

of that the FIR has been filed against the petitioner. He submits that this

is a case of specific performance but no criminality is made out. He refers

to the judgment of "Mohammad Ibrahim".

Let notice be issued upon O.P.No.2 by registered post with

A/d as well as under ordinary process for which requisites etc. must be

filed within three weeks.

Let this matter appear on 06.06.2022.

There shall be stay of further proceeding in connection with

Chutia P.S.Case No.200 of 2019, pending in the court of learned J.M., 1 st

Class, Ranchi, till the next date.

( Sanjay Kumar Dwivedi, J)

SI/,