Allowed

Krishna Bihari Mishra and Anr. v. State of Bihar and Anr.

Patna HC24 Sept 2013CR. MISC./29749/2010

Case brief

AI extract

What is this about?

Patna High Court quashed criminal proceedings arising from a land dispute between brother and sister. The court held that a pure civil dispute existed involving a sale deed executed under coercion, making the criminal prosecution an abuse of process. Civil litigation remains pending.

What did the court decide?

The entire proceeding including the order dated 12.4.2010 and the order dated 29.9.2007 are set aside. The quashment has no bearing on pending civil litigation.

Krishna Bihari Mishra and Anr. Vs State of… — Contract and Commercial Disputes | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.29749 of 2010

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====================================================== 1. Krishna Bihari Mishra son of late Ram Yash Mishra, resident of village Jigana, Police Station Shikraul, District Buxar, at present resident and Police Station Itarhi, District Buxar 2. Tapeswari Kuwar wife of late Kamta Prasad Singh, resident of village Bashaon Kala, Police Station Sikraul, District Buxar, at present resident of Shivpuri Buxar, Police Station Buxar Nagar, District Buxar .... .... Petitioner/s Versus 1. State of Bihar 2. Shri Kant Mishra son of late Ram Yash Mishra, resident of village Jigana, Police Station Sikraul, District Buxar, at present resident of Neharu Nagar Buxar, Police Station Buxar Nagar, District Buxar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Chandra Singh, Advocate For the State : Mr. K. Kishore, A.P.P. For Opposite Party No.2 : Dr. Kamaldeo Sharma, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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5 24-09-2013 The Petitioners seek quashing of the entire proceeding including the order dated 12.4.2010, by which the Additional Sessions Judge, F.T.C. Vth, Buxar in Criminal Revision No.246 of 2007 has set aside the order of dismissal of the Complaint dated 29.9.2007 passed by the Judicial Magistrate, 1^st class, Buxar in Complaint case No.816(C) of 2007 (Trial No.2175 of 2007).

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The case of the Complainant is that he is the full brother of Petitioner No.1 whose lands were partitioned by metes and bounds. However, later on Petitioner No.1 executed a saledeed in favour of Petitioner No.2 even though the land was in the share of the Complainant. After due enquiry the Complaint was

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Patna High Court Cr.Misc. No.29749 of 2010 (5) dt.24-09-2013

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dismissed on the ground that a pure civil dispute was made out. Pursuant to the said dismissal a Title Suit was filed for setting aside the sale-deed, which is pending adjudication. However, the Complainant moved the Revisional Court against the dismissal of the Complaint, upon which it set aside the order of dismissal and directed the Court below to proceed in regard to the Petitioners, who happen to be the vendor and vendee.

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The Counsel for the Petitioners submit that evidently in the facts of the case a pure civil dispute is made out and hence the criminal prosecution is a multiplicity of proceedings.

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On the other hand, the Counsel for the Complainant has filed a counter affidavit annexing a petition filed on behalf of the Petitioner No.1, by which he has admitted that in fact he had executed the sale-deed since he had been coerced into the same by other persons and hence the Petitioners be proceeded against.

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Having gone through the Complaint petition, I have no manner of doubt that at best a civil dispute is made out and hence the pendency of the present prosecution is a gross abuse of the process of the Court and deserves to be set aside.

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Hence, the application is allowed and the entire proceeding including the order dated 12.4.2010 passed by the Additional Sessions Judge, F.T.C. Vth, Buxar in Criminal Revision No.246 of

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Patna High Court Cr.Misc. No.29749 of 2010 (5) dt.24-09-2013

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2007 and the order dated 29.9.2007 passed by the Judicial Magistrate, 1^st class, Buxar in Complaint case No.816(C) of 2007 (Trial No.2175 of 2007) are hereby set aside.

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However, the quashment of the present proceeding shall have no bearing on any civil litigation pending between the parties.

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(Anjana Prakash, J)

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Narendra/-

Krishna Bihari Mishra and Anr. v. State of Bihar and Anr.

Case brief

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Krishna Bihari Mishra and Anr. v. State of Bihar and Anr.

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