R.R.PRASAD, J. - (1.) THIS application has been filed under section 482 of the Code of Criminal Procedure for quashing of the entire criminal proceeding of Complaint -cum -Protest Case No. 2763 of 2008 including the order dated 18.12.2010/20.12.2010 whereby learned Judicial Magistrate, Ranchi having found prima facie case being made out against the petitioner of the offences punishable under Sections 417, 418 and 406 of the Indian Penal Code was pleased to summon the petitioner to face trial.
(2.) BEFORE coming to the case of the prosecution certain facts, disclosed in the petition, which will have bearing upon the prosecution case, need to be stated. According to the petitioner, 33 Kathas of land bearing M.S. Plot No. 1480, appertaining to Holding No. 1186 -B, situated in Ward No. 17 (new) at 70, S.K. Sahay Road, Circular Road, P.S. Lalpur, Ranchi fell to the share of the petitioner and his sister -in -law (Bhabhi) - Smt. Madhur Sahay in a family partition. Thereupon, the petitioner entered into a development agreement with opposite party No. 2 for constructing a multi -storeyed building. While construction was going on, District Administration raised objection over the construction, as the same was going on over the land which is a Khas Mahal land and hence direction was issued to stop the construction. That order was challenged by the petitioner as also by the opposite party No. 2 jointly before the Patna High Court (Ranchi Bench) vide C.W.J.C. No. 2795 of 1999R. The said application was admitted for hearing and an interim order was passed directing the respondent -State not to interfere with the peaceful enjoyment of the property, in question. In course of time, when opposite party No. 2 failed to hand over the share of the petitioner, the petitioner invoked arbitration clause and thereby this Court appointed a retired Judge of the Patna High Court as sole Arbitrator to adjudicate the dispute, which has arisen in between the parties.
(3.) LEARNED Arbitrator vide its award dated 31.10.2004 directed the opposite party No. 2 to strictly adhere to the terms and conditions of development agreement including handing over the flat, in question with parking space to the petitioner. The said award was challenged by the opposite party No. 2 before the Sub -Judge, Ranchi by filing Misc. Case No. 01 of 2005 which got dismissed on 7.9.2005. However, that order was challenged before this Court in Arbitration Appeal No. 15 of 2005 which also got dismissed on 14.6.2007. The order passed by this Court in Arbitration Appeal was challenged by the opposite party No. 2 before the Hon'ble Supreme Court in Special Leave to Appeal (C) No. 11368 of 2007 which met the same fate as it was dismissed by the Hon'ble Supreme Court on 23.7.2007.;