High Court Patna High Court - Orders

Rajendra Harshad Pandya vs State Of Bihar &Amp; Anr on 30 November, 2010

Patna High Court – Orders
Rajendra Harshad Pandya vs State Of Bihar &Amp; Anr on 30 November, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.34802 of 2010
                         RAJENDRA HARSHAD PANDYA
                                  Versus
                           STATE OF BIHAR & ANR
                               -----------

2. 30-11-2010. Heard Sri Kamal Nayan Choubey,

learned senior counsel appearing for the

petitioner and also heard Sri Nalini Kant

Tripathi, learned counsel for the Opposite

Party no.2

The present petition has been filed

by the above named petitioner with the prayer

of quashing the order dated 7.2.2004 passed

in Complaint Case No.2797 of 2003, Trial

No.1527 of 2010 passed by the Chief Judicial

Magistrate, Patna on 7.2.2004. By the

impugned order the learned Chief Judicial

Magistrate, Patna after holding an enquiry in

the truthfulness of the allegations made in

the complaint petition noted above summoned

the petitioner and other accused persons

named in the petition of complaint as accused

to stand their trial for committing offences

under Sections 386, 506, 420, 468 and 120B of

the IPC.

The facts are broadly not disputed.

The wife of the complainant, i.e., Sarita Roy
2

was the owner of the flat bearing no.201 of

Juhu Prices Co-operative Housing Society

Ltd., Juhu Tara Road, Mumbai-400 049 on

account of the same being purchased on

27.7.1987 and she became a member of the said

housing society on account of the said

purchase. The flat was purchased from Mohini

Bhatia who was the previous owner of the

same.

It is alleged that on 6.3.1991 some

ante-social elements of the locality came

into the above noted flat of the complainant

and after putting the entire family of the

complainant in fear of death forced his wife

Sarita Roy to put her signatures on some

blank stamped and unstamped-papers. The

criminals who did the above act pointed out

to the complainant that Sudhir Roy, the

younger brother of the complainant, was

running in heavy debts due to gambling and

the flat was to be sold by them so as to

paying up his debts. It was further alleged

that on 28.9.1992 the other sets of some

other criminals again did the same thing. It

was alleged that on the basis of the

signatures obtained on blank stamped and
3

unstamped papers Powers of Attorney were

created and ultimately on that strength an

illegal sale deed was executed showing the

sale of the said flat to accused no.2 who was

the Director of A.N.Properties Ltd. It was

alleged that the deed of sale and transfer in

favour of accused no.2 was a sham and void

transaction.

It is also stated in the complaint

petition that the accused no.1 Nafis Ahmad

Khan and other accused persons who were

criminal characters of Mumbai coerced the

complainant and his wife to hand over the

keys of the flat. Subsequently, accused Nafis

Ahmad Khan reached Patna and in league with

other criminals of Patna threatened the

complainant and demanded Rs.30,00,000/- as

also asked him to sign some blank papers, and

accordingly, the complainant out of fear

signed some blank papers on 6.3.1991 upon

which another Power of Attorney was notarized

on 13.3.1991. It is further alleged that the

wife of the complainant was also coerced to

sign a few papers upon which another Power of

Attorney said to be executed by the wife of

the complainant, namely, Sarita Roy was
4

notarized at Patna on 29.4.1992. Those Powers

of Attorney were created in favour of Md.

Taufique Khan accused no.3 who appears to

have sold the flat in favour of the

petitioner in 1992. It is not denied by the

complainant in his complaint petition that he

was not in possession of the flat and some

other persons were in possession of the same

as may appear from the statements made in

paragraph-17 and 18. It futher appears from

the statements made in paragraphs19, 20 and

21 that the accused persons including the

present petitioner committed theft of house

hold articles, like, T.V., Refrigerator, Sofa

etc and threatened him of dire consequences

if he did not withdraw the petition filed by

him under the Maharashtra Cooperative

Societies Act challenging the transfer in

favour of the petitioner in 1992. It is not

denied that in the above noted proceedings

which was placed before the competent

authority under the Maharashtra Cooperative

Societies Act, the present petitioner was not

made a party and that the said petition was

dismissed for default on 20.4.2000. It is

indicated that the present petitioner had
5

purchased the flat on 25.4.2000 from accused

no.2, i.e., A.N. Properties Private Ltd.

It is too well known to be pointed

out that if the allegations on the face of it

appear patently absurd and inherently

improbable the proceedings cannot be allowed

to continue. It is also a known position of

law that if a prosecution appears stemming

from a sense of vengeance or with a sense of

heaping humiliation upon the accused, then in

that case also the same could not be allowed

to be continued. For examining the summoning

order the admitted facts or facts which are

already available on record may also be

considered.

           I     have      already       noted        down     the

admitted        facts     of    the     case.     The     patent

absurdity and the inherent improbability in

the case appears the fact that in spite of

being coerced to sign a few papers as back as

in 1991 and 1992, the complainant does not

appear taking steps against the said criminal

acts and was pointing the above facts in the

year 2003. Those acts which have been alleged

committed by the accused persons in the years

1991 and 1992 so as to creating Powers of
6

Attorney said to be executed by the

complainant and his wife could really attract

serious penal consequences. Independently

also, they were serious acts and no

reasonable person could have slept over those

incidents and could not have tolerated those

criminal acts. Likewise, no reasonable person

could be handing over the keys of his house

to any criminal element and if he could do it

he could take resort to recourse prescribed

under law and could never be expected to

forget about it so as to recall it in the

year 2003 after more than a decade.

It is not denied that there was some

dispute which was brought before the

competent authority under the Maharashtra

Cooperative Societies Act vide Case No.344 of

1996 as appears admitted by the complainant

in paragraph-21 of the complaint petition. It

further appears from the same paragraph that

a revision had also been filed before the

Registrar Cooperative Societies, Maharashtra

which bears Revision No.461 of 2002 and those

litigations were brought by the complainant.

It was contended before me that having lost

his case before the authority in Case No.344
7

of 1996 the complainant had filed the

Revision Bearing No.461 of 2002. It was

contended that the whole allegations are a

hoax and do not merit being taken cognizance

of. It was contended that no ransom or amount

was paid nor any extortion appears committed

likewise no offence appears committed under

Sections 420 of the Penal Code.

I have examined the contentions of

the learned counsel for the petitioner and I

find that on admitted facts as also on facts

which were alleged by the complainant the

allegations appear completely absurd and

improbable. It appears that the complainant

was acting with some purpose which was

probably to settle some scores or to force

the accused persons so as to corner them to a

particular point. There was no real reason

for the court below to summon the petitioner.

The proceeding initiated on the basis of said

complaint petition by order dated 7.2.2004 is

hereby quashed.

The petition is allowed.

B.Kr.                         ( Dharnidhar Jha,J.)