Disposed

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

Patna HC5 Sept 2016CR. MISC./30664/2016

Case brief

AI extract

What is this about?

This criminal miscellaneous petition challenged the intervention in a land dispute involving a complaint and counter-complaint. The bench directed the Sessions Court to transfer both cases to the same Magistrate for unified trial to ensure proper evidence appreciation, citing T.T. Antony.

What did the court decide?

Directed the Sessions Judge, Muzaffarpur, to transfer both the complaint case and the counter-complaint to the same Magistrate for trial.

Chandan Kumar and Ors. Vs State Of Bihar and Anr. — Civil Procedure and Limitation | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30664 of 2016

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Arising Out of PS.Case No. -3 Year- 2016 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR

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====================================================== 1. Chandan Kumar, s/o Umesh Prasad Thakur 2. Abhishek Kumar, s/o Umesh Prasad Thakur 3. Monu Kumar (Sonu), s/o Late Ravindra Kushwaha 4. Prakash Kumar (Pappy), s/o Amil Rai 5. Amod Kumar, s/o Umesh Prasad Thakur Petitioners 1, 2 and 5 are r/o vill+PO+PS-Piyar, Dist-Muzaffarpur. Petitioner no. 3 r/o Megh Ratwara, PS-Piyar, Dist- Muzaffarpur and petitioner no. 4 r/o v ill-Rampurdayal, PS-Piyar, Dist- Muzaffarpur. .... .... Petitioners Versus 1. State of Bihar 2. Md. Manzoor Sah, s/o Md. Rahim Sah, r/o vill-Bangra, PO+PS-Piyar, Dist-Muzaffarpur .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Nachiketa Jha, Avocate For the Opposite Parties : Mr. Sri Jharkhandi Upadhyay (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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3 05-09-2016 Heard learned counsel for the petitioner as well as learned Addl.P.P. Learned counsel for the petitioner has submitted that the prosecution parties are aggressor. The land in dispute happens to be under their possession with valid title and on account of illegal activities having at the end of the prosecution parties, on fardbeyan of petitioner Dr. Chandan Kumar, Piyar P.S. case no. 120/2015 has been filed. Subsequently thereof, after so many days, instant case has been filed. Therefore, it happens to be as submitted at the end of the petitioner, being a malicious

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Patna High Court Cr.Misc. No.30664 of 2016 (3) dt.05-09-2016

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prosecution, hence, the order impugned dated 15.03.2016 passed by Sri Samrendra Gandhi, J.M. 1^st class, Muzaffarpur in Complaint case no. 03/2016 is fit to be set aside.

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Learned Addl.P.P. has refuted the submission and submitted that delay is itself explained in the background of the fact that apart from having discovered in the complaint petition that S.P., D.M. are informed on 26.12.2015, during the intervening period, Civil Court remained closed on account of X-mas holiday. Furthermore, it has been submitted that for the same occurrence, version and counter version is permissible. Authenticity is to be judged at the fag end of the trial.

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As held in T.T. Antony case reported in (2001) 6 SCC 181, a case and counter case is permissible with a caution that the trial be conducted by the same Court for proper appreciation of evidence who should deliver the judgment on the same day one by another. However, it is made clear that the material of one case will not be considered in another case. That being so, the learned Sessions Judge, Muzaffarpur is directed to transfer both the cases before the same Magistrate and further, will keep vigil, so that, the same remain pending before the same Magistrate so that appreciation of evidence be properly done during course of conduction of trial.

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Patna High Court Cr.Misc. No.30664 of 2016 (3) dt.05-09-2016

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With the aforesaid observation, the instant petition
is disposed of.
(Aditya Kumar Trivedi, J.)
rinkee/-
U T

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With the aforesaid observation, the instant petition

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

Case brief

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

Case brief

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