Dismissed

Markandey Tiwary and Ors. v. State Of Bihar and Anr.

Patna HC2 Mar 2023CR. MISC./25484/2015

Case brief

AI extract

What is this about?

During a hearing on call in a miscellaneous petition seeking quashing of an order in a criminal complaint regarding alleged fraudulent sale of ancestral land, no parties appeared. The Court dismissed the petition for non-prosecution without adjudicating merits.

What did the court decide?

The petition was dismissed for non-prosecution with liberty to the petitioners to raise all points at the appropriate stage before the trial court.

Markandey Tiwary and Ors. Vs State Of Bihar and Anr. — Property and Title | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25484 of 2015

¶2

Arising Out of PS. Case No.-955 Year-2012 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua)

¶3

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

¶4

Markandey Tiwary and Ors S/o Sri Sudarshan Tiwary,

¶5

Ram Ekbal Tiwary, S/o Late Baliram Tiwary Both are residents of Atarvalia, P.O.- Kathej, P.S.- Mohania, District- Kaimur.

¶6

Kamlakant Chaturvedi, S/o Late Devsharan Chaubey

¶7

Devendra Nath Pandey

¶8

Harendra Kumar PAndey Both sons of Late Lalita Pandey, residents of village- Gheghian, P.O.- Kauriram, P.S.- Mohania, District- Kaimur.

¶9

... ... Petitioner/s

¶10

Versus

¶11

State Of Bihar and Anr

¶12

Laxmikant Tiwary, S/o Late Ramji Tiwary, resdient of village- Atarvalia, P.S.- Mohania, District- Kaimur at present village- Paspipra.

¶13

... ... Opposite Party/s

¶14

====================================================== Appearance : For the Petitioner/s : Mr.Sujeet Kumar, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

¶15

3 02-03-2023 On 15.2.2023, no one appeared on call and the

¶16

following order was passed:

¶17

" No one appears on call.

¶18

The petitioner has moved this Court for quashing of the order dated 18.06.2013 passed by learned Chief Judicial Magistrate, Bhabhua, Kaimur in Complaint Case No. 955 of 2012 under Section 423, 468 and 120B of

¶19

Patna High Court CR. MISC. No.25484 of 2015(3) dt.02-03-2023 2/3

¶20

the IPC

¶21

As per the prosecution story, the ancestral land was partitioned but the accused persons with dishonest intention and to the loss of co-sharer got a sale deed executed in favour of Kamlakant Chaturvedi on 13.02.2012

¶22

in respect of Plot No. 398 measuring 23 decimals and other sale deed in respect of plot no. 186, Area 21 decimals. However, when the accused persons tried to get the land mutated the same was rejected on the finding that the sale deed is prima facie wrong. Accordingly the complaint.

¶23

As stated above, on call, no one has appeared.

¶24

As a last chance, list this case after two weeks.

¶25

Today also on call, no one has appeared.

¶26

The petition is dismissed for non-prosecution with liberty to the petitioners to raise all the points at an appropriate

¶27

Patna High Court CR. MISC. No.25484 of 2015(3) dt.02-03-2023 3/3

¶28

stage before the trial court.

¶29

(Rajiv Roy, J)

¶30

Ravi/-

¶31

U T

Markandey Tiwary and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Markandey Tiwary and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunny Kumar @ Sunni Kumar @ Rajesh Kumar @ Sanny Kumar Vs The State of Bihar

Birendra Mahto @ Man Mahto Vs the State of Bihar

Dharmendra Mukhiya @ Pappu Mukhiya Vs The State of Bihar

Maheshwar Mahto Vs Principal Secretary Home, Through Govt. Of India, New Delhi and Ors.

Angad Kumar Vs State Of Bihar and Anr.

Sanju Rani and Ors. Vs State Of Bihar and Anr.