Allowed

Raj Prakash Gupta and Ors. v. State of Bihar and Anr.

Patna HC22 Jan 2016CR. MISC./19230/2010

Case brief

AI extract

What is this about?

In Cr.Misc. No.19230 of 2010, the Patna High Court set aside the order of cognizance in a trial arising from a land dispute. The Court held the allegations were exaggerated and malicious due to the factual background where the petitioner claimed ownership.

What did the court decide?

Proceedings including the order of cognizance dated 7.1.2010 passed by the Judicial Magistrate, 1st class, Patna in Trial No.583 of 2009 arising out of Complaint case No.3226C of 2009 set aside.

Raj Prakash Gupta and Ors. Vs State of Bihar and Anr. — Property and Title | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.19230 of 2010

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Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA

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Raj Prakash Gupta S/O Kameshwar Prakash Gupta R/O Flat No. C/44 Ashok Tower, Chanayapuri, Raja Bazar, P.S. Shastri Nagar, Dist. Patna

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Pawan Kumar S/O Ashok R/O Moh. Ashok Tower, Chanakyapuri, Raja Bazar, P.S. Shastri Nagar, Distt. Patna

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Bhagawti Devi S/O Ram Kumar Sao

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Sintu Prasad S/O Ram Kumar Sao

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Shatrughan Prasad S/O Ram Kumar

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Rinku Prasad S/O Ram Kumar Sao, all R/O Vill. Mohalla Salempur Dumra, Raja Bazar, P.S. Hawai Adda, Distt. Patna

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

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State Of Bihar

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Rameshwar Prasad Chaurasiya S/O Ramlagan Sao R/O Mohalla Raja Bazar, P.S. Hawai Adda, Distt. Patna

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

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

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For the Petitioner/s : Mr. Md. Nadim Seraj, Advocate For the Opposite Party/s : Mr. Pawan Kr. Mishra, APP

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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-01-2016

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The Petitioners seek quashing of the order of cognizance dated 7.1.2010 passed by the Judicial Magistrate, 1^st class, Patna in Trial No.583 of 2009 arising out of Complaint case No.3226C of 2009.

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The case of the Complainant is that he used to run a fast food Hotel on a certain piece of land. However, the accused persons damaged the north wall and tried to forcibly occupy the land and when he protested, he was assaulted. The police also did not intervene in the matter. On 25.11.2009, the accused allegedly came into his Hotel and took away some articles and hence the present Complaint.

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Patna High Court Cr.Misc. No.19230 of 2010 dt.22-01-2016

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2/2

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It has been submitted on behalf of the Petitioners that fact of the matter is that there is land dispute between the parties and both of them lay a claim over the same. The Petitioner No.1 had purchased the said land, which was registered in his name as well. Subsequently the Complainant started to disturb his possession, on account of which the Petitioner No.1 filed an application before the police authorities and Misc. case No.1399M of 2009 before the S.D.M., Patna was also instituted with a request to initiate proceedings under Sections 144 and 107 Cr.P.C. In this background evidently the allegations are frivolous and trumped up.

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No one appears on behalf of the Opposite Party No.2.

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Having gone through the nature of allegations and the background dispute, I would be inclined to hold that the same is exaggerated, malicious and deserves to be set aside.

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Hence, the application is allowed and the proceedings including the order of cognizance dated 7.1.2010 passed by the Judicial Magistrate, 1^st class, Patna in Trial No.583 of 2009 arising out of Complaint case No.3226C of 2009 is hereby set aside without prejudice to the rights of the parties.

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(Anjana Prakash, J)

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Narendra/-

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U T

Raj Prakash Gupta and Ors. v. State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Raj Prakash Gupta and Ors. v. State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

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