Allowed

Bharat Singh v. The State Of Bihar and Ors.

Patna HC11 Aug 2014CR. MISC./813/2014

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's application to quash criminal proceedings, including the order of cognizance. The Court found that at best a civil dispute existed regarding a property allotment where the allottee was in possession, lacking sufficient material for criminal prosecution.

What did the court decide?

The application is allowed and the order of cognizance dated 28.8.2010 and the entire proceeding in Complaint case No.96C of 2010 are set aside.

Bharat Singh Vs The State Of Bihar and Ors. — Quashing and FIR | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.813 of 2014

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Arising Out of PS.Case No. -96 Year- 2010 District- PATNA

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====================================================== 1. Bharat Singh S/O- Late Ram Kinkar Singh, R/O Rajeev Nagar, Road No.- 6, Patna- 24, P.S.- Rajeev Nagar, Distt- Patna, Ex-Honorary Secretary, Magadh Niketan Sahkari Grih Nirman Samiti Ltd., Shakti Nagar, Digha, Patna

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.... .... Petitioner/s Versus 1. The State of Bihar 2. Magadh Niketan Sahkari Grih Nirman Samiti Ltd. Shakti Nagar, Digha, Patna through its Administrator

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Birendra Kumar Singh S/O- Late Nand Kumar Singh R/O Vill+P.O.Bindaul, P.S.- Bihta, Dist- Patna Presently Residing At Rajeev Nagar, Road No.-6, Patna- 24, P.S. Rajeev Nagar, Distt- Patna, Ex Treasurer, Magadh Niketan Sahkari Grih Nirman Samiti Ltd. Shakti Nagar, Digha, Patna 4. Birendra Narayan Singh S/O- Late Rameshwar Singh R/O- Suhiya, P.S.Shahpur Patti, Distt- Bhojpur, Arrah

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Ishwari Singh, Advocate For the State : Mr. Shailendra Kumar-1, A.P.P. For Opposite Party No.4 : Mr. Zainul Abedin, Advocate

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

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5 11-08-2014 Counter Affidavit filed today on behalf of the Opposite Party No.2 be kept on the record.

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The Petitioner seeks quashing of the entire proceeding

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including the order of cognizance dated 28.8.2010 passed by the Judicial Magistrate, 1^st class, Patna in Complaint case No.96C of 2010.

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The case of the Complainant is that his mother Laljhari Devi was enrolled as a member of the Housing Society in 1981 for which she had deposited certain amount of money. The land was

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Patna High Court Cr.Misc. No.813 of 2014 (5) dt.11-08-2014

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allotted under the signature of the Petitioner who was the Hon. Secretary of the Society. However the land was not registered despite several efforts. In the meanwhile the Managing Committee stood dissolved. Later someone started building his house and on enquiry it was learnt that the Complainant’s brother had sold off the plot to him. The allegation was that without cancelling the earlier allotment the Society had fraudulently transferred the plot in the name of the brother of the Complainant.

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I find from the evidence of Laljhari Devi recorded under Section 202 Cr.P.C. that she stated that she was still in possession of the plot. In such circumstances, considering that at best a civil dispute is made out in the facts of the case, I am inclined to allow this application.

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Hence, the application is allowed and the entire proceeding including the order of cognizance dated 28.8.2010 passed by the Judicial Magistrate, 1^st class, Patna in Complaint case No.96C of 2010 is hereby set aside.

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However, the quashment of the 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

Bharat Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Bharat Singh v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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