Case Facts:
Patna High Court CR. WJC No.876 of 2012 (2) dt.17-12-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.876 of 2012 ====================================================== 1. Dr. J.V. Kulkarni S/O Late V.R. Kulkarni Regional Director D.A.V. Public School, Patna Zone, Bihar, Arya Samaj Mandir Complex, New Baily Road, Danapur, Patna .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary Govt. Of Bihar 2. The Director General Bureau Of India Union Of India, New Delhi 3. The Director General Of Police Bihar, Patna 4. The Director General Of Prosecution Null Bihar, Patna 5. The Senior Superintendent Of Police Null Patna 6. The Officer - In- Charge Null Khagul, Patna 7. Upendra Kumar S/O Sri Krishna Mahto Resident Of Mohalla- Gola Road Near St. Karin'S School, P.S.- Rupaspur, District-Patna 8. Arvind Kumar S/O Sri Ram Krishna Bhagat Resident Of Mohalla- Saguna, P.S.- Danapur, District- Patna 9. Ajay Kumar Singh @ Madan Singh S/ Late Sharwan Dhari Singh Resident Of Village- Mustafapur, P.S.- Khagul, District- Patna 10. Gauri Shankar S/O Mohan Prasad Resident Of Gobh Tal, P.S.- Danapur, District- Patna 11. Satendra Kumar S/O Jagat Narayan Bhagat Resident Of Lekh Nagar, Khagaul, P.S.- Danapur, District- Patna 12. Suraj Pandey S/O Dawarka Pandey Resident Of Mithapur, P.S.- Jakkanpur, District- Patna 13. Gopal Prasad S/O Nand Kishore Prasad Resident Of Saguna More, P.S.- Danapur, District- Patna 14. Rajesh Kumar S/O Hazari Lal Resident Of Village- Mustafapur, P.S.- Danapur, District- Patna 15. Yadu Nandan Prasad S/O Shivnandan Prasad Resident Of Village- Nain Chak, Mustafapur, P.S.- Khagul, District- Patna 16. Satendra Kumar S/O Rajendra Prasad Resident Of Village- Kothawa, P.S.- Khagul, District- Patna 17. Manoj Kumar S/O Chandra Dev Prasad Resident Of Village- Nain Chak, P.S.- Khagul, District- Patna 18. Rajesh Kumar S/O Nagendra Rai Resident Of Village/ Mohalla- Saguna, P.S.- Danapur, District- Patna 19. Dr. A.C. Jain S/O Dr. J.C. Jain D.A.V. Public School, Barauni, Begusarai 20. Dr. Raj Kumar Chauhan S/O Shwan Singh R/O 274/7, Ward No.-7, Plot No.-2 Navneet Nagar, Ambala City, Punjab .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandeep Kumar, Adv. Mr. Praveen Kumar, Adv. For the C.B.I. : Mr. Bipin Kumar Sinha, SC CBI Patna High Court CR. WJC No.876 of 2012 (2) dt.17-12-2012 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is the informant of Khagaul P.S. Case No. 58 of 2011 dated 18.5.2011 instituted for the offence punishable under [STATUTE] . According to the prosecution case, as disclosed in the F.I.R., the D.A.V. College Trust and Management Society has been defrauded huge amount of Rs.4,20,90,953/- by the accused persons in the name of transfer of land for extension of D.A.V. Public School, Cantt. Road, Khagaul, as also D.A.V. Public School, Shastri Nagar, Patna. The Management Society was in need of five acres of land. The accused persons, namely, Upendra Kumar and Arvind Kumar on coming to know about the need of land, contacted the then Regional Directior, late N. D. Grover and the then Principal Late U.K. Rai, D.A.V. Public School, Cantt. Road, Khagaul, and they assured them to provide the required land at Mauza- Mustafapur @ Rs.2,50,000/- per katha. The then Regional Director and the then Principal, because of past transactions with the accused Upendra Kumar and his father, Patna High Court CR. WJC No.876 of 2012 (2) dt.17-12-2012 3 believed the assurance given by the aforesaid two accused persons, and granted permission of purchase of the land from different farmers. Subsequently, 17 sale deeds were executed by different persons in favour of the Management Society with respect to several plots of land including plot nos.154 and 155. Accordingly, total consideration amount of Rs.4.20,90,953/- was paid. When the informant and other personnel of the Management Society wanted to erect boundary on the land purchased by them, then several farmers raised strong protest and claimed that, in fact, having not been executed sale deeds transferring the land in question either in favour of the Management Society or in favour of anybody else cannot be made. Thereafter, the informant learnt that the accused persons in conspiracy with each other cheated the Management Society and by committing forgery executed fake sale deeds by pasting fake photographs of fake owners in place of real owners of the land in question. It is contended that after lodging the F.I.R. investigation of the case is being conducted by the officials of Khagaul Police Station. The police has already submitted chargesheet against the accused persons, namely, Gauri Shankar, Upendra Kumar, Suraj Kumar, Ajay Kumar Singh @ Madan Singh, Gopal Kumar, Bajrangi Prasad and Satendra Kumar. However, investigation has Patna High Court CR. WJC No.876 of 2012 (2) dt.17-12-2012 4 been kept open with respect to some other persons who may also be involved in the offence. Learned counsel appearing on behalf of the petitioner contends that the investigation is being conducted in perfunctory manner. Several accused persons are not being intercepted/interrogated by the investigating officer. The case is serious one and, as such, in the present writ petition a prayer has been made to hand over the investigation of the case to the Central Bureau of Investigation. In my view, the prayer made on behalf of the petitioner is fit to be rejected. It is not a case of such a grave nature where the investigation is not possible by the normal investigating agency. Admittedly, by now, several persons have been sent up for trial. There is nothing on the basis of which it can be said that

Applicable IPC Section: 417

Statute Text:
Section 417 of the Indian Penal Code. Cheating. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.