Allowed

Atma Ram Choudhary and Ors. v. State Of Bihar and Anr.

Patna HC20 Nov 2014CR. MISC./4515/2014

Case brief

AI extract

What is this about?

In an oral order, the Patna High Court allowed the petition to quash the order of cognizance in a criminal proceeding arising from a civil dispute regarding possession and nuisance, noting that the civil title suits were pending.

What did the court decide?

The proceeding against all accused persons and the order of cognizance dated 17.9.2013 in Pirbahore P.S. case No. 103 of 2012 are set aside.

Atma Ram Choudhary and Ors. Vs State Of Bihar… — Civil Procedure and Limitation | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4515 of 2014

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Arising Out of PS.Case No. -103 Year- 2012 Thana -PIRBAHOR District- PATNA

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====================================================== 1. Atma Ram Choudhary Son Of Late Khem Chand Choudhary 2. Amar Choudhary Son Of Atma Ram Choudhary 3. Deepak Choudhary Son Of Shankar Lal Choudhary 4. Shankar Lal Choudhary Son Of Late Khem Chand Choudhary, Petitioners No.1 and 2 Proprietor Of Bhartiya Bastralaya, Ashok Rajpath, Patna And all Resident Of Opposite Catholic Church, Ashok Rajpath, Police Station - Pirbahore, District And Town – Patna, At Present Residing Since 2009 At AB-501, J.P. Heights, Bairamji Town, Nagpur (Maharastra).

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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Brajesh Choudhary Son Of Tarkeshwar Prasad Choudhary Resident Of Choudhary Buildign, Ashok Rajpath, Muradpur, Police Station - Pirbahore, District And Town - Patna.

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rama Kant Pd. Singh, Advocate For the State : Dr. Indiwar Kumari, APP For Opposite Party No.2 : None ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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5 20-11-2014 The Petitioners seek quashing of the order of cognizance dated 17.9.2013 passed by the court of Sri Anil Kumar Ram, Judicial Magistrate, 1^st class, Patna in Pirbahore P.S. case No.103 of 2012 appertaining to Complaint case No.239C of 2012 (G.R. No.1721 of 2012).

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The case of the Informant is that the accused persons had been constantly creating nuisance in the building where his shop is located. Whereas some of the accused are tenants of the Complainant some of them are co-shopkeepers of the Choudhary

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Patna High Court Cr.Misc. No.4515 of 2014 (5) dt.20-11-2014

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market and one of the accused is step uncle of the Informant. Earlier three Title Suits have been filed which is pending before the Court concerned and it is only to disturb the possession of the Complainant that the accused persons are using all kinds of methods to ensure that he is disturbed and ousted from the premises.

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It has been submitted that as stated in the First Information Report evidently there is bona fide civil dispute between the parties and the present First Information Report has been instituted with regard to minor offences which allegedly took place on a number of occasions as per him. Fact of the matter is that it is the Informant himself who is trying to disturb their possession so as to substantiate his claim in the Civil Suits.

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On the last occasion, notices had been issued to the Opposite Party No.2 but none appears on his behalf.

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Considering the background facts of the case, the application is allowed and the proceeding as against all the accused persons including the order of cognizance dated 17.9.2013 passed by the court of Sri Anil Kumar Ram, Judicial Magistrate, 1^st class, Patna in Pirbahore P.S. case No.103 of 2012 appertaining to Complaint case No.239C of 2012 (G.R. No.1721 of 2012) is hereby set aside.

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Patna High Court Cr.Misc. No.4515 of 2014 (5) dt.20-11-2014

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However, the quashment of the present proceeding

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shall have no bearing on any other litigations.

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(Anjana Prakash, J)

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Narendra/-
U T

Atma Ram Choudhary and Ors. v. State Of Bihar and Anr.

Case brief

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Atma Ram Choudhary and Ors. v. State Of Bihar and Anr.

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