Allowed

Md. Riyazuddin and Ors. v. State Of Bihar and Anr.

Patna HC10 Nov 2014CR. MISC./9657/2014

Case brief

AI extract

What is this about?

The High Court allowed the petition to quash criminal proceedings as a gross abuse of the process of the court, setting aside the order of cognizance due to the complaint being filed late after a bona fide sale.

What did the court decide?

The entire proceeding and the order of cognizance dated 03.03.2011 passed by the Judicial Magistrate, 1st Class, Purnea in Complaint Case No. 1201 of 2010 is set aside.

Md. Riyazuddin and Ors. Vs State Of Bihar and… — Civil Procedure and Limitation | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 9657 of 2014

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Arising out of P.S. Case No. -1201 Year- 2010 Thana - PURNIA COMPLAINT CASE District- PURNIA

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

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Md. Riyazuddin

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Md. Tahir

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Samasuddin

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Md. Gheyasuddin All Sons of Late Hazi Karamat, Resident of Village- Damaka, P.S.- Sadar, District- Purnea.

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Bibi Taimum Wife of Md. Kalim.

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Bbi Maimun Wife of Late Md. Jahir Daughters of Late Hazi Karamat, Resident of Village- Sakaraid, P.S.- Dagarwa, District- Purnea.

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Bibi Raushani Khatoon, Wife of Riyaz and D/o- Late Hazi Karamat Ali, Resident of Village- Porri, P.S. Sadar, Disctrict- Purnea.

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Md. Nazam @ Md. Nizam.

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Md. Nasim @ Md. Nazim.

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Md. Hasim. 11. Md. Moin. 12. Md. Mojim @ Md. Mozib All Sons of S.K. Rajabul, Resident of Village- Damaka, P.S.- Sadar, District- Purnea.

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Bibi Khudeja, Wife of Sagir. 14. Md. Idris, Son of Gafoor.

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Md. Raquib Alam. 16. Rafique Alam Both Sons of Makimuddin All Residents of Village- Chandmathi, P.S.- Dagarwa, District- Purnea. .... .... Petitioner/s

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Versus

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The State of Bihar.

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Md. Yunus Son of Sk. Siddique, Resident of VillageMaheshbathana, P.S.- Baisi, District- Purnea.

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.... .... Opposite Party/s =================================================== Appearance :

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For the Petitioner/s : Mr. Bishwanath Prasad Singh, Adv. For the Opposite Party/s : Mr. Upendra Kumar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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03. 10.11.2014

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The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 03.03.2011 passed by the Judicial Magistrate, 1^st Class, Purnea in Complaint Case No. 1201 of 2010.

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The case of the Complainant is that he was married with Nasima Khatoon who died later on leaving

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Patna High Court Cr.Misc. No.9657 of 2014 (3) dt.10-11-2014

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certain land which she had derived from her parents. However, the accused persons sold off the land in conspiracy with the maternal uncle.

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The Petitioner submits that the sale deed was executed on 31.07.1995 whereas the present Complaint has been filed on 10.04.2010 obviously with intent to create a controversy with regard to the land. Further, the land was sold on the bona fide belief that it belongs to them.

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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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Having gone through the contents of the Complaint Petition, I would be inclined to hold that in the facts stated therein the present proceeding is a gross abuse of the process of the Court and deserves to be set aside.

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Hence, the application is allowed and the entire proceeding as against all the Petitioners including the order of cognizance dated 03.03.2011 passed by the Judicial Magistrate, 1^st Class, Purnea in Complaint Case No. 1201 of 2010 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

Md. Riyazuddin and Ors. v. State Of Bihar and Anr.

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Md. Riyazuddin and Ors. v. State Of Bihar and Anr.

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