Allowed

Gopal Jee Prasad v. State Of Bihar and Anr.

Patna HC7 Nov 2014CR. MISC./8682/2014

Case brief

AI extract

What is this about?

The High Court of Patna allowed an application to quash criminal proceedings in a property dispute, holding that the facts presented a purely civil controversy regarding ownership and possession of flats, rendering the criminal trial unnecessary.

What did the court decide?

The application is allowed and the entire criminal proceeding including the order of cognizance dated 24.10.2008 is set aside.

Gopal Jee Prasad Vs State Of Bihar and Anr. — Civil Procedure and Limitation | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 8682 of 2014

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Arising out of P.S. Case No. -266 Year- 2005 Thana -ARA NAWADA District- BHOJPUR

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=================================================== Gopal Jee Prasad Son of Late Sheo Narayan Prasad, Resident of 30/1E, Volt Valiganj, First Lane, P.S.- Karaya, Kolkata, West Bengal. At Present Resident of Edwar House (12 Flat) Hari Jee Ka Hata, P.S.- Ara Nawada, District- Bhojpur. .... .... Petitioner/s Versus

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The State of Bihar.

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Baijayanti Devi Wife of Pawan Kumar Singh, Resident of Village- Barath, Police Station- Chauri, District- Bhojpur. At Present Resident of Qr. No. 181/15, I.C. Bose Road, Handle Bagan Railway Colony, Howrah, West Bengal. .... .... Opposite Party/s

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=================================================== Appearance :

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For the Petitioner/s : Mr. Rahul Nath, Adv. For the Opposite Party/s: Mr. Abhay Kumar Roy (APP)

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

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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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04. 07.11.2014

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The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 24.10.2008 passed by the Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S. Case No. 266 of 2005 (Tr. No. 350 of 2010/Tr. No. 2318 of 2012).

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The case of the Informant is that the Petitioner is the own brother of the witnesses, Ramjee Prasad and Bharat Jee Prasad and as per family arrangement Ramjee Prasad got first floor of the house having four flats. However, his younger brother, Gopal Jee Prasad got ground floor of the house having four flats and Bharat Jee Prasad got second floor having four flats. She

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Patna High Court Cr.Misc. No.8682 of 2014 (4) dt.07-11-2014

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allegedly purchased the flat from the share of Ramjee Prasad i.e. Flat No. 4 but Satyendra Kumar Singh forcibly took possession over the said flat on the basis of a rent receipt of the Petitioner.

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It has been submitted that even conceding the allegations in the First Information Report at best a civil dispute is made out for which a Title Suit is pending.

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On the other hand, Counsel for the Informant submits that even though the Petitioner did not own the flat he issued rent receipts in favour of the another person and created the controversy thus depriving the Informant a right to title.

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Considering that at best civil dispute is made out in the facts of the case, the application is allowed and the entire proceeding including the order of cognizance dated 24.10.2008 passed by the Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S. Case No. 266 of 2005 (Tr. No. 350 of 2010/Tr. No. 2318 of 2012) is, hereby, set aside.

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The Application stands allowed.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Gopal Jee Prasad v. State Of Bihar and Anr.

Case brief

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Gopal Jee Prasad v. State Of Bihar and Anr.

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