Allowed

Sadanand Mandal and Ors. v. State Of Bihar and Anr.

Patna HC16 May 2016CR. MISC./20923/2013

Case brief

AI extract

What is this about?

The Single Judge quashed the order of cognizance dated 28.9.2012 passed by the Judicial Magistrate, Katihar, in Complaint Case No. 3248 of 2011. The Court held the complaint, filed as a counter-blast to a petition lodged by the petitioners, was a gross abuse of the process of the Court.

What did the court decide?

Application allowed; order of cognizance dated 28.9.2012 and subsequent proceedings in Complaint Case No. 3248 of 2011 set aside.

Sadanand Mandal and Ors. Vs State Of Bihar and Anr. — Writ and Judicial Review | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.20923 of 2013

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Arising Out of Complaint Case No.3248 Year- 2011 District- KATIHAR

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Sadanand Mandal, son of Subhash Mandal

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Subhash Mandal @ Subhash Chandra Mandal, son of Ajablal Mandal

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Rajan Mandal, son of late Setu Mandal

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Savita Devi, wife of Rajan Mandal

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Chamru Das, son of late Jitu Das

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All resident of village - Rahika, P.S. - Pranpur, District - Katihar

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

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The State of Bihar

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Shankar Yadav, son of Chitto Yadav, resident of Village - Rahika, P.S. - Pranpur, District - Katihar

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

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

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For the Petitioner/s : Mr. Bimal Kumar, Adv. For the State : Mr. Rajesh Kumar, A.P.P.

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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

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Date: 16-05-2016

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Heard learned counsel for the Petitioners and the State.

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The Petitioners seek quashing of the order of cognizance dated 28.9.2012 passed by the Judicial Magistrate, 1^st Class, Katihar, in Complaint Case No. 3248 of 2011.

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The case of the Complainant is that the accused persons on the date of occurrence started to assault him with lathi and danda and also assaulted his wife saying she was a witch.

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It has been submitted that the fact of the matter is that the Petitioner No. 1 had lodged Pranpur P.S. Case No. 205 of 2011 against the Complainant and others for more or less similar cause of

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Patna High Court Cr.Misc. No.20923 of 2013 dt.16-05-2016

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2/2

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action and it is, thereafter, the present Complaint was filed as a counter blast.

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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 considered the background facts, I have no hesitation in holding that the present Complaint 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 Proceeding including the order of order of cognizance dated 28.9.2012 passed by the Judicial Magistrate, 1^st Class, Katihar, in Complaint Case No. 3248 of 2011.

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(Anjana Prakash, J)

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S.Ali/-
AFR/NAFR	NAFR
CAVDATE	N/A
UploadingDate	05/2016
Transmission Date	05/2016

Sadanand Mandal and Ors. v. State Of Bihar and Anr.

Case brief

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What did the court decide?

Sadanand Mandal and Ors. v. State Of Bihar and Anr.

Case brief

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