Dismissed

Narendra Prasad Singh and Anr. v. the State of Bihar and Anr.

Patna HC9 Aug 2023CR. MISC./12417/2019

Case brief

AI extract

What is this about?

Petitioners sought quashing of a Patna magistrate's order in a complaint alleging they snatched Rs. 80,000 from and assaulted the builder's representative over non-payment of service and development charges for flats. The High Court declined to interfere, finding a strong prima facie case, and dismissed the application, directing expeditious trial.

What the court decided

AI extract

Narendra Prasad Singh and Anr. Vs the State of Bihar and Anr. — Quashing and FIR | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12417 of 2019

¶2

Arising Out of PS. Case No.-2583 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna

¶3

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

¶4

NARENDRA PRASAD SINGH AND ANR Son of Late Deo Prasad Singh Resident of Village - Karorichak, P.S.- Phulwariwarisharif, Distt.- Patna, At Present residing at Quality campus Flat no.G1, Block-C, Lohiya Path, Jagdeo Path,

¶5

Darshna Singh Wife of Narendra Prasad Singh Resident of Village - Karorichak, P.S.- Phulwariwarisharif, Distt.- Patna, At Present residing at Quality campus Flat no.G1, Block-C, Lohiya Path, Jagdeo Path,

¶6

... ... Petitioner/s

¶7

Versus

¶8

THE STATE OF BIHAR

¶9

Satyendra Kumar Singh Son of Sri Shankar Prasad Resident of Village - Uttimpur, P.S.- Khusrupur, District- Patna.

¶10

... ... Opposite Party/s

¶11

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

¶12

Appearance : For the Petitioner/s : Mr.Vijay Kumar Singh For the Opposite Party/s : Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

¶13

3 09-08-2023 Heard the parties.

¶14

This application has been filed on behalf of the petitioners for quashing the order 05.03.2016 passed by learned Judicial Magistrate, 1^st Class, Patna in connection with Complaint Case No. 2583 C of 2015.

¶15

The prosecution case in short is that One M/s Quick @ Quality Construction Pvt. Limited had constructed an apartment in which the flats were constructed for the land owners namely Smt. Darshana Singh, Sri Sudhir Kumar and Shri Jeewan Singh. After completion of the flats the land owners

¶16

Patna High Court CR. MISC. No.12417 of 2019(3) dt.09-08-2023 2/2

¶17

got possession of their flats, however, the petitioners were not given possession of the flats on the account of non payment of service charge and development charge of the flats and due to the aforesaid fact the petitioners snatched Rs. 80000 from the complainant and also assaulted the complainant.

¶18

In view of the aforesaid facts, at this stage, this Court will not interfere in the impugned order after considering the documents of the petitioners.

¶19

This is not the stage where defence materials of the petitioners can be looked into and a strong prima facie case has been found by the Court below against the petitioners.

¶20

Accordingly, this application is dismissed.

¶21

The trial Court is directed to proceed in the matter expeditiously and conclude the trial of the petitioners at the earliest.

¶22

(Sandeep Kumar, J)

¶23

Vikas/-

¶24

U T

Narendra Prasad Singh and Anr. v. the State of Bihar and Anr.

Case brief

What is this about?

What the court decided

Narendra Prasad Singh and Anr. v. the State of Bihar and Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Md. Fakhruddin Vs State Of Bihar and Anr.

Raghuveer Mishra Vs The State of Bihar

Ashok Kumar Vs The State Of Bihar Through The Principal Secretary Department Excise Govt. Of Bihar, Patna and Ors.

Prince Kumar Vs the State of Bihar

Sunita Pandey Vs The State of Bihar

Bharat Bhushan Mishra @ Bharat Bhushan and Anr. Vs The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna