Allowed

Raj Kumar Jha and Ors. v. State Of Bihar and Anr.

Patna HC11 Aug 2014CR. MISC./2351/2014

Case brief

AI extract

What is this about?

The High Court of Patna allowed a petition seeking quashing of criminal proceedings initiated under Section 138 of the CrPC. The court held an at-best civil dispute regarding land ownership did not warrant criminal prosecution and set aside the order of cognizance, noting the quashment does not affect separate pending proceedings. No specific statute was cited.

What did the court decide?

The entire proceeding including the order of cognizance dated 30.9.2013 passed by the Chief Judicial Magistrate, Darbhanga is set aside.

Raj Kumar Jha and Ors. Vs State Of Bihar and Anr. — Property and Title | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2351 of 2014

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Arising Out of PS.Case No. -445 Year- 2011 Thana -LAHERIASARAI District- DARBHANGA

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====================================================== 1. Raj Kumar Jha S/O Sri Kamla Kant Jha 2. Shayama Devi W/O Sri Raj Kumar Jha, both Residents of Mohalla Balbhadrapur Navtol, P.S. Bahadurpur, District Darbhanga. 3. Pankaj Kumar Choudhary S/O Sri Lalu Choudhary, Resident of Mohalla Gudri Bazar, P.S. Laheriasarai, District Darbhanga. 4. Mithilesh Kumar Gupta S/O Sri Sant Kumar Gupta, Resident of Village Bharwara, P.S. Singhwara, District Darbhanga. 5. Raj Kumar Choudhary S/O Sri Jay Ballav Choudhary, Resident of Village Vishnupur, P.S. A.P.M., District Darbhanga. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Subhashish Sarkar S/O Sri Sushil Kumar Sarkar, Resident of Mohalla G.N.Ganj, P.S. Laheriasarai, District Darbhanga. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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5 11-08-2014 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 30.9.2013 passed by the Chief Judicial Magistrate, Darbhanga in Laheriasarai P.S. case No.445 of 2011 (Trial No.3762 of 2013 G.R. No.3147 of 2011).

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The case of the Opposite Party No.2-Informant is that he owned a certain piece of land which he had bounded by a boundary wall. However, the Petitioners No.1 and 2 were pressurizing him to sell the land, to which he did not agree. Subsequently the accused persons acquired two sale deeds from Santosh Kumar Sarkar even though knowing full well that the lands did not belong to Santosh Kumar Sarkar but to him.

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It has been submitted on behalf of the Petitioners that Santosh Kumar Sarkar was the co-sharer of the Informant and fact

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Patna High Court Cr.Misc. No.2351 of 2014 (5) dt.11-08-2014

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is that it is the Petitioners who have been cheated by the said Santosh Kumar Sarkar claiming to be the rightful owner. Where the Petitioners are concerned admittedly they are purchasers and at best a civil dispute is made out in the facts of the case.

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On the other hand, the Counsel for the Informant submits that this is a modus operandi of the Petitioners who are land grabbers and have got executed sale deeds to create a litigation so as to oust the Informant and his family members.

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Having gone through the records of the case, in my understanding at best a civil dispute is made out in the facts of the case and criminal Prosecution is not warranted.

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Hence, the application is allowed and the entire proceeding including the order of cognizance dated 30.9.2013 passed by the Chief Judicial Magistrate, Darbhanga in Laheriasarai P.S. case No.445 of 2011 (Trial No.3762 of 2013 G.R. No.3147 of 2011) is hereby set aside.

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

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(Anjana Prakash, J)

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Narendra/-

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U T

Raj Kumar Jha and Ors. v. State Of Bihar and Anr.

Case brief

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Raj Kumar Jha and Ors. v. State Of Bihar and Anr.

Case brief

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