Allowed

Girija Singh and Anr. v. State of Bihar and Anr.

Patna HC16 Feb 2016CR. MISC./37785/2010

Case brief

AI extract

What is this about?

The Patna High Court quashed an order of cognizance and set aside proceedings in a criminal complaint case against the petitioners. The court held that the First Information Report was actually instituted against the petitioners in retaliation to the present complaint.

What did the court decide?

The order of cognizance dated 19.5.2010 and the proceeding of Aungari P.S. case No.43 of 2009 were set aside against all accused persons.

Girija Singh and Anr. Vs State of Bihar and Anr. — Criminal Trial and Appeal | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.37785 of 2010

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Arising Out of PS.Case No. -0 Year- null Thana -null District- NALANDA (BIHARSHARIFF) =========================================================== 1. Girija Singh son of late Badri Narayan Singh 2. Rajesh Kumar Singh son of Girija Singh, both resident of village + post Opa, P.S. Aungari (Ekangar Sarai), District Nalanda .... .... Petitioner/s Versus 1. The State of Bihar 2. Shivraj Singh @ Munna Singh, son of late Mathura Singh, village + post Opa, P.S. Aungari (Ekangar Sarai), District Nalanda .... .... Opposite Party/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sunil Prasad, APP

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

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Date: 16-02-2016

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

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The Petitioners seek quashing of the order of cognizance dated 19.5.2010 passed by the court of Sri Rajesh Pandey, J.M., 1^st class, Hilsa (Nalanda) in Case No.904C of 2009.

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The case of the Complainant is that when he proceeded to the Electricity Office, the accused persons waylaid him and took away his money, for which he filed this present Complaint.

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It has been submitted on behalf of the Petitioners that fact of the matter is that a First Information Report was instituted against the Complainant on 26.10.2009 by the Petitioner No.1 vide Annexure 4 and in retaliation the present Complaint has been filed.

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Considering the petty nature of the offence, the application

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Patna High Court Cr.Misc. No.37785 of 2010 dt.16-02-2016

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2/2

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is allowed and the proceeding against all the accused persons including the order of cognizance dated 19.5.2010 passed by the court of Sri Rajesh Pandey, J.M., 1^st class, Hilsa (Nalanda) in Case No.904C of 2009 is hereby set aside. Also the proceeding of Aungari P.S. case No.43 of 2009 pending in the court of A.C.J.M., Hilsa, Nalanda is hereby set aside against all the accused persons.

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(Anjana Prakash, J)

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Narendra/-

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U T

Girija Singh and Anr. v. State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Girija Singh and Anr. v. State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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