Allowed

Sukdeo Mandal @ Sukdeo Pd. Mandal and Ors. v. State Of Bihar and Anr.

Patna HC8 Jan 2018CR. MISC./16489/2014

Case brief

AI extract

What is this about?

Petitioners sought quashing of a cognizance order passed against them for Section 420, 467, and 120B IPC. The dispute involved forged partition deeds and land mutation. The Court held it was a civil dispute continued as abuse of process and allowed the petition to set aside the cognizance order.

What did the court decide?

The order taking cognizance dated 21.02.2014 is set aside and the application is allowed.

Sukdeo Mandal @ Sukdeo Pd. Mandal and Ors. Vs State Of… — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16489 of 2014

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Arising Out of PS.Case No. -672 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR

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====================================================== 1. Sukdeo Mandal @ Sukdeo Pd. Mandal S/O Late Mahabir Prasad Singh 2. Anil Kumar Mandal S/O Late Mahabir Prasad Singh

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Biran Mandal S/O Late Jageshwar Mandal

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Vinod Kumar Mandal S/O Late Jageshwar Mandal

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Mukti Mandal S/O Late Doman Mandal All Resident Of Village Chandpur, P.S. Falka, District Katihar.

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

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The State Of Bihar.

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Bhagwat Prasad Singh, s/o late Mahabir Prasad Singh, r/v Diyara Chandpur, P.S.-Kursela (Falka), District-Katihar.

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

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====================================================== Appearance : For the Petitioner/s : Mr. Jawed Ahmad For the Opposite Party/s : Mr. P.K.Chaurasia (App)

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

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4 08-01-2018 The petitioners seek quashing of the order dated 21.02.2014 passed by the learned Judicial Magistrate 1^st Class, Katihar in connection with Complaint Case CA-672/2013, whereby cognizance has been taken against them under Sections 420, 467 and 120B of the Indian Penal Code.

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From the perusal of the complaint petition itself, it would appear that some of the petitioners are step brothers of the complainant/opposite party no. 2. It has been alleged that a partition had taken place between the members of the family, during the life time of the father of the opposite party no. 2 as well as some of the petitioners and pursuant to such a partition, the land, which went in share of the complainant/opposite party no. 2,

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was got mutated in his name. Later, the complainant/opposite

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Patna High Court Cr.Misc. No.16489 of 2014 (4) dt.08-01-2018

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2/2

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party no. 2 came to learn that the petitioners had forged another deed of partition and by virtue of the aforesaid deed of partition, the land was again mutated in the names of the accused persons, including the petitioners.

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From the records of this case, it appears that against the order of mutation, passed by the Circle Officer of the concerned Circle, the complainant/opposite party no. 2 preferred an appeal before the appellate authority, in which the claim of the opposite party no. 2 was rejected. Thereafter, a revision petition was filed by the complainant/opposite party no. 2, which is still pending consideration.

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The dispute is with respect to two partition deeds; one of which is claimed to be the genuine document by the opposite party no. 2, whereas the other document is stated to be the only partition deed. Prima facie, it is a case of civil dispute between the step brothers and the continuance of this criminal case would be nothing but an abuse of the process of the Court.

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For the aforesaid facts, the order taking cognizance dated 21.02.2014 is set aside and the application is accordingly allowed.

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(Ashutosh Kumar, J.)

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Rakhi U T

Sukdeo Mandal @ Sukdeo Pd. Mandal and Ors. v. State Of Bihar and Anr.

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Sukdeo Mandal @ Sukdeo Pd. Mandal and Ors. v. State Of Bihar and Anr.

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