Allowed

Ram Jeevan Prasad Singh and Ors. v. State Of Bihar and Anr.

Patna HC12 Aug 2014CR. MISC./3927/2014

Case brief

AI extract

What is this about?

The High Court of Patna allowed a petition for quashing criminal proceedings arising from a land dispute and alleged assault. The court quashed the cognizance order and another trial case upon the parties' agreement to resolve the matter via civil means.

What did the court decide?

Quashed the order of cognizance dated 22.1.2013 and set aside the further proceedings in Motihari Muffasil (Lakhaura) P.S. case No.374 of 2011.

Ram Jeevan Prasad Singh and Ors. Vs State Of Bihar… — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3927 of 2014

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Arising Out of PS.Case No. -2832 Year- 2011 District- EAST CHAMPARAN (MOTIHARI) ====================================================== 1. Ram Jeevan Prasad Singh S/O Late Madan Singh, Resident Of VillageHidayatpur, P.S.- Bakhtiyarpur, Dist.- Patna At Present Posted At Harsidhi, P.S.- Under Dist East Champaran on the post of A.S.I. 2. Sachidnand Rai S/O Rai, Resident Of Village- Baraihi, P.S.- Kahalgaon, Dist.- Bhagalpur At Present Posted On S.I. of Etari P.S. Under Dist.- Buxar 3. Ram Ekbal Sharma S/O Vishnupat Sharma, Resident Of Village- Dihuri, P.S.- Kundanwa (Bera), Dist.- Aurangabad At Present Posted as A.S.I. At Bettiah (Muffasil) P.S.- Under Dist.- West Champaran on the post of A.S.I. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Indira Devi W/O Lal Babu Prasad, Resident Of Village- Ganesh Tola Sarsaulla Kala, P.S.- Lakhoura, Dist.- East Champaran .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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3 12-08-2014 The Petitioners seek quashing of the order of cognizance dated 22.1.2013 passed by the Judicial Magistrate, 1^st class, Motihari in Trial No.4449 of 2013 arising out of Complaint case No.C-2832 of 2011.

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The case of the Complainant is that her relatives i.e. the present Petitioners gathered at her door and started to make a noise as to why a proceeding under Section 144 Cr.P.C. had been initiated. Thereafter they abused and assaulted her and committed theft of her personal property.

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It has been submitted on behalf of the Petitioners that admittedly there is land dispute between the parties and in fact the Petitioners had also instituted a case numbered as Motihari

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Patna High Court Cr.Misc. No.3927 of 2014 (3) dt.12-08-2014

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2/2

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Muffasil (Lakhaura) P.S. case No.374 of 2011 for minor offences.

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Today the parties agree that it is in their interest that both the criminal cases be quashed and they be permitted to sort out their differences through civil means.

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In view of such, further proceedings including the order of cognizance dated 22.1.2013 passed by the Judicial Magistrate, 1^st class, Motihari in Trial No.4449 of 2013 arising out of Complaint case No.C-2832 of 2011 as also further proceedings of Motihari Muffasil (Lakhaura) P.S. case No.374 of 2011 are hereby set aside.

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The application stands allowed with aforesaid

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observations.

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(Anjana Prakash, J)

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Narendra/-

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U T

Ram Jeevan Prasad Singh and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Ram Jeevan Prasad Singh and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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