Allowed

Shiv Shankar Choudhary v. the State of Bihar and Ors.

Patna HC15 Feb 2018CR. MISC./13448/2012

Case brief

AI extract

What is this about?

In a petition under Section 482 CrPC seeking quashing of criminal proceedings for alleged cheating and breach of duty, the High Court found the dispute purely civil in nature involving title, land possession, and a discrepancy in plot numbers. With a civil suit already pending between the parties, the criminal proceedings were quashed as no criminal intent could be established.

What did the court decide?

Quashing of the order dated 24.12.2011 taking cognizance and the entire criminal proceedings against the petitioner.

Shiv Shankar Choudhary Vs the State of Bihar and Ors. — Cheque Dishonour | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13448 of 2012

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Shiv Shankar Choudhary son of Late Ram Lal Choudhary Resident of Patti Badgaon, P.O. Bairo, P.S. Nauhatta, Distt. Saharsa

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Nageshwar Yadav son of Late Lakshman Yadav Bairo, P.S. Supaul, Distt. Supaul

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Tiwary, Advocate For the State : Mr. Nawal Kishore Prasad, APP For the Opp.Parties : Mr. Pramod Mishra, Advocate

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT

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Date : 15-02-2018

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Heard learned counsel for the petitioner and counsel for the opposite party no.2.

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This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 24.12.2011 by which the learned Sub Divisional Judicial Magistrate, Supaul after holding enquiry under Section 202 of the Cr. P.C. found prima facie case under Sections 420 and 471 of the IPC in complaint case no. 1371( c) of 2010 against the petitioner.

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Learned counsel for the petitioner has submitted that it is a matter of purely civil dispute. The father of the petitioner has purchased the land from one Muneshwar Prasad Singh which

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Patna High Court Cr.Misc. No.13448 of 2012 dt.15-02-2018 2/4

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has been enclosed as Annexure-4 to the supplementary affidavit. Muneshwar Prasad Singh had purchased the land from Bagiya Devi and Sushila Devi through registered sale deed which has been annexed as Annexure-2.

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Learned counsel for the complainant-opposite party no.2 has submitted that in the sale deed executed by Bagiya Devi and Sushila Devi in favour of Muneshwar Prasad Singh there was interpolation with regard to plot no. from 4383 to 4388. It is further submitted that plot no. 4388 belongs to the complainant-opposite party no.2.

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Learned counsel for the petitioner has, on the other hand, submitted that father of this petitioner has purchased the plot no. 4388 from Muneshwar Prasad Singh with boundary and area, as mentioned in the sale deed, executed by Bagiya Devi and Sushila Devi, in favour of Muneshwar Prasad Singh, wherein the plot no. has been mentioned as 4388. This petitioner after the death of his father came over possession of the aforesaid land and mutation has also been done in his name. Learned counsel further submitted that the complainant started making claim over the land then he has filed Title Suit no. 9 of 2009 in the Court of learned Sub Judge-1^st Supaul which is pending. Learned counsel for the petitioner has relied upon a decision of

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Patna High Court Cr.Misc. No.13448 of 2012 dt.15-02-2018 3/4

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Hon’ble Supreme Court reported in ( 2010)1 SCC 322 Parminder Kaur vs. State of Uttar Pradesh & Anr and a decision of our Hon’ble High Court reported in 2013(4) PLJR 428 Bibi Umaintun N isa vs. Bibi Nasiba Khatoon & Anr.

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Learned counsel for the petitioner has submitted that no any criminal offence is made out if there is some misdescription of the number of plot in the sale deed. The Hon’ble Court in Bibi Umaintun Nisa (supra) has held that the title of the party will be dependent on the boundary and area of the land and land will be identified by the boundary and the area and if there is discrepancy in the plot no. then it will be only misdescription and error.

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This Court after hearing the submissions of both the parties and on perusal of the records finds that the petitioner has earlier filed Title suit no. 9 of 2009 in the Court of learned Sub Judge, Supaul when the complainant started raising objection after purchase of land by his father from Muneshwar Prasad Singh. After filing of the aforesaid Title suit the instant case has been filed by the complainant on 21.11.2009. In such circumstances, it is a matter of purely civil dispute and a civil suit is already pending between the parties.

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Learned counsel for the petitioner has submitted before

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Patna High Court Cr.Misc. No.13448 of 2012 dt.15-02-2018 4/4

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the Court that the complainant has already appeared in the Title suit and has filed written statement.

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Therefore, the impugned order by which the cognizance has been taken against the petitioner along with the entire criminal proceedings against him is hereby quashed.

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The Cr. Misc application is, accordingly, allowed.

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(Sanjay Priya, J)

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shyambihari/-

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AFR/NAFR	AFR
CAV DATE	N/A
Uploading Date	09.03.2018
Transmission Date	09.03.2018

Shiv Shankar Choudhary v. the State of Bihar and Ors.

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Shiv Shankar Choudhary v. the State of Bihar and Ors.

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