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High CourtsSingle Bench(2024) 06 JH CK 0025

M/s Alchemist Infra Realty Limited vs State Of Jharkhand And Another

Jharkhand High Court · Decided on 18 June 2024

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
CASE NUMBER
Cr.M.P. No. 1989 Of 2016, 384 Of 2017

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Judgment

7 paragraphs · 372 words

Sanjay Kumar Dwivedi, J

1.

Both the cases are on Board today and both the cases are arising out of the same F.I.R and as such, both the cases are taken together with consent of both the parties.

2.

The prayer in Cr.M.P. No.1989 of 2016 has been made for quashing of the entire criminal proceeding arising out of Korrah Sadar P.S. Case No.573 of 2016, corresponding to G.R. No.1893 of 2016, pending in the court of learned Chief Judicial Magistrate Hazaribagh and the prayer in Cr.M.P. No.384 of 2017 has been made for release of the seized cash money which was allowed by the learned court in connection with the aforesaid F.I.R.

3.

Mr. Krishna Murari, the learned counsel appearing for the petitioner(s) submits that in spite of his best efforts, he has not been able to take instruction from the petitioner and the petitioner has also not come forward to give him further up to date instruction and in view of that, he has not been able to know about the case.

4.

Mr. Anil Kumar, the learned A.S.G.I appearing for the respondent CBI submits that counter affidavit has been filed in Cr.M.P. No.384 of 2017 which has been filed by the petitioner for release of the seized amount in which it has been disclosed in paragraph no.8 that pursuant to the order passed by the Division Bench in P.I.L the present case has been taken over by the C.B.I and he submits that the order of taking over of the case by the C.B.I. was challenged by the petitioner in Civil Review No.92 of 2015 and the stay was granted and said Civil Review was dismissed on 22.11.2023 and thereafter only the investigation has been started.

5.

In view of above and considering that the C.B.I has already taken over the F.I.R pursuant to the order in P.I.L and the civil review application filed by the petitioner is dismissed and investigation is still going on. There is allegation of cheating the innocent persons by way of different schemes and in view of that no case of quashing of the FIR is made out. There are parameters of quashing of the F.I.R.

6.

As such, both these petitions are dismissed.