RANCHI, India, Sept. 2 -- Jharkhand High Court issued the following order on July 1:

1. In both the cases, common question of facts and laws are involved and in view of that, both these petitions are being heard together with consent of the parties.

2. Heard Mr. Rahul Kumar, learned counsel for the petitioners in both the cases, Mr. Bhola Nath Ojha and Mr. Subodh Kumar Dubey, learned counsel for the State in respective cases and Mr. Santosh Kumar Tiwari, learned counsel for opposite party no.2-informant in both cases.

3. In Criminal Revision No.06 of 2024, the prayer is made for settingaside the order dated 28.04.2023 passed by the learned Additional Chief Judicial Magistrate, Bokaro in G.R. Case No.136/2019 arising out of Bokaro Sector 12 P.S. Case No.83/2018 registered under Section 341/ 323/ 504/ 506/ 406/ 420/120-B of the Indian Penal Code, pending in that Court. In Criminal Revision No.362 of 2024, the prayer is made for setting-aside the order dated 22.01.2024 passed by the learned Additional Chief Judicial Magistrate, Bokaro in G.R. Case No.375/2019 arising out of Bokaro Sector 12 P.S. Case No.83/2018 registered under Section 341/323/504/506/406/420/120-B of the Indian Penal Code, pending in that Court.

Factual Matrix:

4. An FIR bearing Bokaro Sector 12 P.S. Case No. 83/2018 was registered against the office-bearers of the society and also against the advisor and the allottee and purchaser of the Plot earlier allotted to the informant namely Shyam Babu Arya, who has lodged a written complaint dated 17.09.2018 stating therein that he was a member of the Bari Co-operative Society and had been allotted 10 decimals of land bearing Plot No.473 vide Lease Deed dated 12.10.1987and was also handed over the Plot on which he had constructed boundary wall by earth and soil, however due to ill health, the informant was not able to start construction in the said plot. It was further alleged that on 01.08.2018, the informant visited the office of Bari Cooperative society to pay the due amount, however, was given a vague reply by the employees and, thereafter, he had again visited the office on 04.08.2018 and was not given proper response and was abused by the employee. It was also alleged that on 07.08.2018, the informant came to know that the office bearers and the legal advisor had conspired and allotted the plot of the informant to one Musafir Thakur and has also executed a Lease Deed dated 03.08.2018 with the new allottee and when he had contacted the office bearer, they had assured that they would cancel the allotment in favour of Musafir Thakur. It was further alleged that on 29.08.2018, the informant was abused and threatened of dire consequence by the office bearers of the society and, hence, he had lodged the instant FIR against the fraudulent cancellation of the lease.

Arguments on behalf of the petitioners:

5. Mr. Rahul Kumar, learned counsel for the petitioners in both the cases submits that in Criminal Revision No.06 of 2024, the petitioner is the Secretary of Bari Co-operative Society and the petitioners in Criminal Revision No.362 of 2024 are the President and Vice President respectively of the said Society. He submits that the said Co-operative Society is a registered body under the Cooperative Society Act, 1935 and is being run and managed as per its byelaws. The office bearers of the Society are elected members and it has been the collective decision of the General Body to cancel the allotment of the allottee, who have defaulted and not constructed their houses as per the terms and conditions of the allotment. He then elaborates his argument by submitting that Plot No.473 was allotted to the informant-opposite party no.2, namely, Sri Shyam Babu Arya through agreement for lease dated 12.10.1987 on certain terms and conditions which at Clause 9 stipulated that the allottee shall complete the construction of at least half of the prescribed plinth area within five years from the date of delivery, however, the concerned allottee had never started the construction and had even defaulted in making payments.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqJLFFYvaSR0wwaACUbFeYzSvVt0xMSUoMdyvjoFtSqRz&caseno=Cr.Rev./6/2024&cCode=1&cino=JHHC010004242024&state_code=7&appFlag=)

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