Partly allowed

Chamcham Kumar and Ors. v. State Of Bihar and Anr.

Patna HC8 Aug 2014CR. MISC./4370/2014

Case brief

AI extract

What is this about?

The Patna High Court allowed the petition, setting aside the criminal proceeding and order of cognizance in Bypass P.S. Case No.18 of 2011, citing a pending civil suit (Title Suit No.39 of 2011) for the same cause of action as the primary ground.

What did the court decide?

Entire proceeding including the order of cognizance dated 16.08.2012 is set aside; title of the application stands allowed.

Chamcham Kumar 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.4370 of 2014

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Arising Out of PS.Case No. -18 Year- 2011 Thana -BYPASS District- PATNA

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======================================================

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Chamcham Kumar,

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Pankaj Kumar, both son of late Santlal Mahto,

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Basanti Devi, W/O late Sant Lal Mahto,

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Sangita Devi, W/O Chamcham Kumar, all R/O Bahri Dhawalpura, P.S. - Bypass, District - Patna.

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.... .... Petitioner/s Versus

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The State of Bihar,

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Jawaher Prasad, S/O Late Buddan Sao, R/O Purbi Nandgola, P .S.Malsalami, District - Patna.

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.... .... Opposite Party/s

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====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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3/ 08-08-2014 Heard.

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The Petitioners seek quashing of the entire proceeding including order of cognizance dated 16.08.2012 passed by the Additional Chief Judicial Magistrate, Patna City, Patna, in Bypass P.S. Case No.18 of 2011.

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In sum and substance, the case of the Informant is that despite receipt of certain amount of money on account of the sale agreement, sale deed was not executed and hence, the present case has been instituted.

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It has been submitted on behalf of the Petitioners that for the same cause of action Title Suit No.39 of 2011 was instituted and the present prosecution would be multiplicity of the proceeding.

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On the last occasion, notice had been issued to the

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Patna High Court Cr.Misc. No.4370 of 2014 (3) dt.08-08-2014

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2/2

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Opposite Party No.2, but despite service of notice he has chosen not to appear before this Court.

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Having considered the contention of the Petitioners that Civil Suit for the same cause of action is pending, entire proceeding including order of cognizance dated 16.08.2012 passed by the Additional Chief Judicial Magistrate, Patna City, Patna, in Bypass P.S. Case No.18 of 2011 is hereby set aside.

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The application stands allowed.

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However, quashment of the present case shall have

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no bearing on any other proceeding.

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(Anjana Prakash, J)

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JA/-

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U T

Chamcham Kumar and Ors. v. State Of Bihar and Anr.

Case brief

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Chamcham Kumar and Ors. v. State Of Bihar and Anr.

Case brief

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