Dismissed

Sanjeev Kumar Singh v. State Of Bihar and Anr.

Patna HC5 Dec 2017CR. MISC./7509/2015

Case brief

AI extract

What is this about?

This order dismisses the petitioner's application to quash the 2014 order taking cognizance under Section 423 IPC. The court held that the allegations of impersonating a deceased woman to execute a sale deed make out a criminal case and cannot be treated as a mere civil dispute. The matter was heard orally and disposed of.

What did the court decide?

The petitioner's application for quashing the impugned order dated 6.2.2014 stands dismissed.

Sanjeev Kumar Singh Vs State Of Bihar and Anr. — Property and Title | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7509 of 2015

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Arising Out of PS.Case No. -241 Year- 2012 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR)

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====================================================== Sanjeev Kumar Singh son of Late Nirshu Singh resident of Village - Chak Singar, Police Station - Judawanpur, District - Vaishali.

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.... .... Petitioner

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Versus

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The State of Bihar.

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Bhagwan Lal Rai son of Late Jagdeep Rai resident of village - Raghopur, Police Station - Judawanpur, District - Vaishali.

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.... .... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr. Manish Kumar No-2 For the State : Mr. C. Jawahar (App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER

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3 05-12-2017 Heard learned Counsel for the petitioner as well as the learned Counsel for the State.

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The petitioner seeks quashing of the impugned order dated 6.2.2014 passed by the Judicial Magistrate, lst Class,Vaishali in Complaint Case No. 241 of 2012, thereby taking cognizance of the offence under Section 423 of the IPC.

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The brief fact giving rise to the case is that the complainant purchased land from Mostt. Nand Kumari Devi in the year 1998 and other brothers of the husband of Mostt. Nand Kumari Devi, Late Raghuraj Singh and Late Moti Singh in their life time had sole their share of land to the brothers and mother of the complainant and it is alleged that the petitioner along with other accused got a sale deed with respect to the same land executed in their favour by

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Patna High Court Cr.Misc. No.7509 of 2015 (3) dt.05-12-2017

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impersonating deceased wife of Raghuraj Singh namely Sulekha Devi @ Deomanti Devi in the year 2011 though she had already died in the year 2007 and the death certificate issued by the Mukhiya is also annexed with the complaint.

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Learned Counsel for the petitioner submits that it is entirely a civil dispute, so making wild allegation that some one impersonated the dead wife of Raghuraj Singh cannot make out a case and it can only be decided whether she was live in the year 2011 or not.

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The allegations leveled in the complaint do make out a case of making a false document in view of the facts alleged, so it is not a case that no offence is disclosed from the statements made in the complaint. Considering the defence only the prosecution cannot be stifled at this stage.

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The application stands dismissed.

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(Arun Kumar, J.)

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Snkumar/-

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U T

Sanjeev Kumar Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar Singh 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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