Disposed

Gayasuddin and Ors. v. State Of Bihar and Anr.

Patna HC25 Apr 2014CR. MISC./24461/2012

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This order in a Criminal Miscellaneous petition prayed for quashing of cognizance under Sections 323, 427, 504, and 379/34 IPC. The court observed that the petitioners should have filed the supporting documents at an appropriate stage before the trial court to examine the discrepancy in the allegations regarding property title. The petition was disposed of with a direction to the trial court to ex

What the court decided

AI extract

Gayasuddin and Ors. Vs State Of Bihar and Anr. — Quashing and FIR | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.24461 of 2012

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====================================================== 1. Gayasuddin , son of Late Samsuddin 2. Yasin, son of Late Dukhiya 3. Khalik , son of Gayasuddin

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Kalojan, wife of Gayasuddin 5. Dukhojan, wife of Late Dukhiya 6. Tepli, D/o Gayasuddin 7. Esdani, son of Late Kamuddin 8. Nili Khatoon, D/o Gayasuddin 9. Noor Alam, son of Late Musa Petitioner nos. 1 to 8 are resident of village – Chandpura and petitioner no.9 is resident of village -Baldiyagachi , all are P.S. Abadpur, District - Katihar

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Aamaluddin, son of Late Aamiruddin, Resident of village – Chandpura, P.S. Abadpur, District - Katihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s :

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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3 25-04-2014 Heard learned counsel for the petitioners and learned counsel appearing on behalf of complainant / opposite party no.2.

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Petitioners in the present petition, have prayed for quashing of an order dated 29.3.2012 passed by learned Judicial Magistrate 1^st Class, Katihar. By the said order, learned Magistrate has taken cognizance of offences under Sections 323, 427, 504 and 379/34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that

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Patna High Court Cr.Misc. No.24461 of 2012 (3) dt.25-04-2014

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2/2

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though in the complaint petition it has been alleged that petitioners have tried to demolish construction over a particular plot, whereas, the said plot was recorded in the name of petitioners vide Annexure -2 to the present petition.

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Be that as it may, at the time of passing order of cognizance, whatever materials were available on record on the basis of same, the learned Magistrate has passed order. If petitioners file petition at appropriate stage before the court below along with such document, the learned court below may examine the same and pass appropriate order in accordance with law.

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With above observation and direction, the petition stands disposed of.

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(Rakesh Kumar, J)

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Praful/-

Gayasuddin and Ors. v. State Of Bihar and Anr.

Case brief

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Gayasuddin and Ors. v. State Of Bihar and Anr.

Case brief

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