Allowed

Ashok Kr. Sinha and Ors. v. the State of Bihar and Anr.

Patna HC2 Mar 2015CR. MISC./18116/2012

Case brief

AI extract

What is this about?

The Patna High Court allowed an application seeking quashing of the order of cognizance in a complaint case involving a civil dispute over property. The court quashed proceedings as the matter was of civil nature, with a title suit pending, despite mediation failing.

What did the court decide?

The application was allowed and the order of cognizance dated 28.02.2012 is set aside.

Ashok Kr. Sinha and Ors. Vs the State of Bihar and Anr. — Property and Title | Patna HC (2015)

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Patna High Court Cr.Misc. No.18116 of 2012 dt.02-03-2015

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.18116 of 2012

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Arising Out Complaint Case No. 1831C/2008 Thana-Maner District- PATNA

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=========================================================== 1. Ashok Kr. Sinha S/O Late Babu Kauleshwar Prasad Sinha R/O Village - Sattar, Police Station - Maner, District - Patna

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Sanjay Kumar S/O Late Babu Kauleshwar Prasad Sinha R/O Village - Sattar, Police Station - Maner, District - Patna 3. Ranjay Kumar S/O Late Babu Kauleshwar Prasad Sinha R/O Village - Sattar, Police Station - Maner, District - Patna 4. Manoj Kumar S/0 Late Babu Kauleshwar Prasad Sinha R/O Village - Sattar, Police Station - Maner, District - Patna 5. Dharmvir Kumar S/O Late Babu Kauleshwar Prasad Sinha R/O Village - Sattar, Police Station - Maner, District - Patna

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.... .... Petitioner/s Versus

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The State Of Bihar

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Pushpa Singh W/O Laxman Singh Mohalla - Rewa, Post Office, Saray, Police Station- Maner, District - Patna At Present E/7 Abhiyanta Nagar, Police Station - Rajeev Nagar, Post Office - Ashiyana Nagar, District - Patna

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.... .... Opposite Party/s

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=========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-03-2015

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The Petitioners seek quashing of the order of
cognizance dated 28.02.2012 passed by the Judicial
Magistrate 1st Class, Patna in Complaint Case No.
1831(c) of 2008.

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The case of the complainant is that despite
receipt of certain amount, the accused persons have
not executed a registered sale deed and hence the
present complaint.

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It has been submitted on behalf of the

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Patna High Court Cr.Misc. No.18116 of 2012 dt.02-03-2015

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petitioners that if, at all there is a cause of action
it is of civil nature for which suit for specific
performance lies and such a Title Suit has already
been filed before the Sub Judge, Danapur and hence,
the present complaint is superfluous.

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On the last occasion, the matter was referred
to the Mediation Centre for settlement but the dispute
could not be resolved.

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Having considered the facts mentioned above,
I would be inclined to agree with the submissions
raised on behalf of the learned counsel for the
petitioners.

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Hence, the application is allowed and the
proceeding including the order of cognizance dated
28.02.2012 passed by the Judicial Magistrate 1st Class,
Patna in Complaint Case No. 1831(c) of 2008 is,
hereby, set aside.

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 However, the quashment of the present

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application shall have no bearing on the Title Suit.

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(Anjana Prakash, J.)

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Vats/-

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U T

Ashok Kr. Sinha and Ors. v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Ashok Kr. Sinha and Ors. v. the State of Bihar and Anr.

Case brief

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What the court decided

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