Allowed

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

Patna HC7 Nov 2014CR. MISC./9843/2014

Case brief

AI extract

What is this about?

This order deals with an application seeking quashing of an order of cognizance in a criminal complaint case arising from a snatching incident. The Court held that the complaint is frivolous in nature due to an underlying land dispute and any pending proceedings related to the dispute. Consequently, the application is allowed and the order of cognizance is set aside.

What did the court decide?

The order of cognizance dated 30.4.2013 passed in Complaint case No.1892C of 2012 is set aside and the proceeding is quashed.

Surendra Kumar 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.9843 of 2014

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Arising Out of PS.Case No. -1892 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA

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====================================================== 1. Surendra Kumar Son Of Late Devendra Prasad Sinha 2. Prem Kumar 3. Raman Kumar 4. Suman Kumar All Sons Of Surendra Kumar, All Residents Of MohallaBabu Tola, Makhaniya Kuan Road, P.S. Peerbahore, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar

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Raju Gope, Son Of Late Dukhan Gope, Resident Of Mohalla- Babu Tola, Makhaniya Kuan Road, P.S. Peerbahore, District- Patna

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate For the State : Mr. Rajendra Nath Jha, APP For Opposite Party No.2 : Mr. Niraj Kumar, Advocate

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

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3 07-11-2014 The Petitioners seek quashing of the order of cognizance dated 30.4.2013 passed by Smt. Rumpa Kumari, J.M. 1^st class, Patna in Complaint case No.1892C of 2012.

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The case of the Complainant is that on 30.6.2012 while he had gone to purchase vegetables, the accused persons caught him and snatched his wrist watch and other personal possessions and after assaulting him they fled away.

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It has been submitted that the Complaint is unduly delayed and in fact there is land dispute going on between them since 1998, for which BLD Appeal No.540 of 2013 is pending in the Court of Divisional Commissioner, Patna. A proceeding under

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Patna High Court Cr.Misc. No.9843 of 2014 (3) dt.07-11-2014

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2/2

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107 Cr.P.C. had also been initiated with regard to this dispute. In the background of active civil dispute the present frivolous Complaint has been filed.

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On the other hand, the Counsel for the Complainant submits that since cognizable offences are made out in the Complaint the Petitioners should be put on trial. In fact the Petitioners have been coercing the Complainant to vacate the land which rightfully belongs to him and it is for this reason that the present occurrence was also committed by them.

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Having gone through the facts of the case and the background of the Complaint, I would be inclined to hold that the present Complaint is frivolous in nature and deserves to be set aside. Hence, the application is allowed and the proceeding including the order of cognizance dated 30.4.2013 passed by Smt. Rumpa Kumari, J.M. 1^st class, Patna in Complaint case No.1892C of 2012 is hereby set aside.

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However, the quashment of the present proceeding shall have no bearing on any other litigation.

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(Anjana Prakash, J)

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Narendra/-

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U T

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

Case brief

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

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