- (1.) This writ application is directed against the order dated 1.8.2009 passed by 1st Additional Sessions Judge, Bokaro in Cr. Rev. No.85 of 2008 whereby learned Additional Sessions Judge 1st Bokaro after holding that sufficient material is there to constitute offences under Sections 419, 467, 468, 471, 472, 420, 504 read with Section 120B of the Indian Penal Code against the accused persons set aside the order dated 16.6.2008 whereunder complaint case no.293 of 2008 had been dismissed by the Chief Judicial Magistrate, Bokaro. Consequently the Additional Sessions Judge remanded the matter for further enquiry.
(2.) Before adverting to the submissions advanced on behalf of the parties, the case as has been made out in the complaint petition needs to be recorded which are as follows: A Plot No.371, measuring an area of 89 acres 40 decimals, appertaining to Khata no.22 situated at village- Giridhartand, P.S. Pindrajora, District-Bokaro was subjected to partition among the five co-sharers by virtue of a decree of the court under which one of the co-sharers Yogeshwar Ojha came in possession of the land measuring 16 acres 67 decimals. In course of time, Yageshwar Ojha sold the said land measuring 13 acres tone Gopi Nath Jha grand-father of the complainant Dhrup Lal Ojha whose name was recorded in the revenue records and the rent was being paid to the State. After the death of Gopi Nath Ojha, his descendants came in possession over the land, bearing plot no.371, measuring 13 acre. Further case is that on 11.5.2008 the accused Amit Kumar came along with accused Avijit Ghose (petitioner), who happens to be a General Manager, M/s. Jindal Steel & Power Limited and told to the complainant that entire land measuring 89 acre 40 decimal has been sold to M/s. Jindal Steel & Power Limited by the accused no.2 Amar Nath Jha through the holder of his power of Attorney Amit Kumar, accused no.3 and as such accused no.3 Amit Kumar and this petitioner (accused no.4) directed the complainant to vacate the land and held out a threat of dire consequence if he does not vacate the land.
(3.) Thereupon the complainant obtained certified copy of the sale deed under which 89 acre 40 decimal of land had been transferred by Amar Nath Jha by impersonating himself as Manoj Jha through the holder of the power of Attorney Amit Kumar for a consideration of Rs.1,22,36,400/- on the basis of the rent receipts and land possession certificate, though neither the land possession certificate nor the rent receipts had been issued in favour of Manoj Jha. It has been alleged that accused no.2 Amar Nath Jha by impersonating himself as Manoj Jha by forging documents in connivance with other accused including the petitioner sold the property, though he had no title over the property and as such, committed offence under Sections 419, 467, 468, 471, 472, 420, 504 and 120B of the Indian Penal Code. On filing the said complaint, it was registered as C.P. case no.293 of 2008 which was dismissed by the Chief Judicial Magistrate, Bokaro on 16.6.2008 holding therein that none of the offence as alleged in the complaint is made out. However, that order was challenged by the complainant before the revisional court which was registered as Cr. Rev.No.85 of 2008. The said case was allowed by 1st Additional Sessions Judge, Bokaro after holding that sufficient material is there to constitute offence under Sections 419, 420, 467, 468, 471, 472, 504 and 120B of the Indian Penal Code and the matter was remanded back to the court of Chief Judicial Magistrate, Bokaro for further enquiry. Being aggrieved with that order, this application has been filed.;