An appellant challenging a conviction appealed before the Patna High Court. The Court dismissed the appeal holding that the appellant's claim regarding joint family property status was negatived by the prior partition suit.
The appeal was dismissed as it was found to be devoid of merit.
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 APPEAL (U/S) No.5 of 2019
In
CRIMINAL APPEAL (SJ) No.145 of 2019
Arising Out of PS. Case No.-449 Year-2015 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad
======================================================
RAJESH PRASAD @ RAJESH KUMAR, aged about 40 years, Son of Late Shri Mathura Prasad R/o Mallahchak, Pani Tanki, P.O-Jehanabad, P.SJehanabad, Dist.-Jehanabad, Bihar
... ... Appellant
Versus
====================================================== Appearance : For the Appellant/s : Mr. Abhishek Krishna Gupta, Adv. For the Respondent/s : Mr. Syed Ashfaque Ahmad, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
9 23-09-2019 Heard learned counsel for the appellant as well as learned A.P.P.
Gone through the relevant documents.
Appellant, who happens to be full brother of the respondent Vikash Kumar and further, the establishment M/s Mahavir Dal Mill is joint family property and the status of Vikash Kumar so recognized under the complaint petition as a proprietor of the aforesaid Dal Mill has completely been negatived under the partition suit having been filed on behalf of the appellant, which in due course of time apart from having the
Patna High Court CR.APP(U/S) No.5 of 2019(9) dt.23-09-2019 2/2
case fixed for ex-parte hearing and, even after appearance of the defendant, they were debarred from filing written statement and then, left due to Pairvi, allowed the partition suit to die on account of non-appearance just to have some additional support in the present litigation, did not justify the claim of the appellant.
Consequent thereupon, the instant memo of appeal is found devoid of merit and is accordingly dismissed.
(Aditya Kumar Trivedi, J)
Surendra/-
U
Rajesh Prasad @ Rajesh Kumar
The State of Bihar
M/s Mahavir Dal Mill
Vikash Kumar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
