Criminal Miscellaneous petition seeking quashing of an order finding a prima facie case regarding offences arising from a land dispute. The High Court quashed the proceedings noting the civil nature of the dispute and lack of offence ingredients.
Quashing of the impugned order dated 21.03.2009 and the entire criminal proceeding.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20782 of 2012
Arising Out of Sultanganj P.S. Case No. -141 Year- 2008, District- PATNA
===========================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. N.A. Shamsi, Advocate Mr. Syed Ehteshamuddin, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 25-01-2018
Heard learned counsel for the petitioners and the learned
APP for the State.
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 21.03.2009 passed by the learned Judicial Magistrate, Patna City in Complaint Case C.A. No. 699 of 2008, by which the learned Magistrate after holding enquiry has found prima facie case against the petitioner and others for the offence under Sections 323,504,427 and 380 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that complainant is nephew of petitioner no. 1. This complaint case has been filed due to land dispute and also as a counter blast to Sultanganj P.S. Case No. 141 of 2008 dated 10.08.2008 lodged by petitioner no. 1 against the complainant and two other accused persons.
Patna High Court Cr.Misc. No.20782 of 2012 dt.25-01-2018
2/3
Learned counsel for the petitioners further submitted that civil suit is pending between the parties being Title Suit no. 80 of 1997.
The opposite party no. 2 has appeared through vakalatnama, but today on call no one appeared on behalf of opposite party no. 2.
In the complaint petition there is allegation that these petitioners and other accused persons on 10.08.2008 after forming unlawful assembly armed with pistol, entered into the house of the complainant and asked to vacate the house. The accused persons assaulted and abused the complainant, his mother and brother and also forcefully obtained signature over the paper to get the house vacated. The accused persons also threw the household articles and took away the ornaments from the bags.
From the averments made in the complaint petition, it appears that there is land dispute between the parties. The complainant is own nephew of petitioner no. 1. It is also mentioned in the complaint petition that Title Suit No. 80 of 1997 is pending between the parties.
The counsel for the petitioners has filed Annexure-2 to show that earlier for the occurrence dated 10.08.2008 Sultanganj P.S. Case No. 141 of 2008 was lodged by petitioner no. 1 against the complainant and two other accused persons and the instant case has been filed as a counter blast. The occurrence took place on
Patna High Court Cr.Misc. No.20782 of 2012 dt.25-01-2018
3/3
10.08.2008 but the complaint has been filed in the court on 25.08.2008.
The court below has by the impugned order, on the basis of statement of the witnesses recorded during enquiry as well as solemn affirmation of the complainant found prima-facie case against the petitioner and other accused persons for the offence under Section 323,504,427 and 380.
From the nature of allegation in the complaint, this court is of the view that the same has been filed to settle the score on account of land dispute. Moreover, from the averment made in the complaint, itself, this court does not find any ingredients of the offence under which the court below has found prima-facie against the petitioners and other accused persons.
Therefore, the impugned order dated 21.03.2009 passed by the learned Judicial Magistrate, Patna City in Complaint Case C.A. No. 699 of 2008 along with entire criminal proceeding with regard to petitioners is hereby quashed.
This application is, accordingly, allowed.
(Sanjay Priya, J)
khushbu/-
| AFR/NAFR | A.F.R. |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 07-02-2018 |
| Transmission Date |
07-02-2018 |
2 issues framed by the court
Whether to quash the proceedings for alleged offences in a case arising from a land dispute.
Whether the prima facie case found by the lower court stands on merits.
1 provisions across 1 enactments
Mohammad Sagiruddin and ors.
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
