Dismissed

Om Prakash Singh @ Munna Singh v. the State of Bihar through the Principal Secretary Home Deptt., Govt. of Bihar, Patna

Patna HC25 Jul 2023CR. WJC/909/2021

Case brief

AI extract

What is this about?

This is an oral order dismissing a criminal writ petition. The petitioner alleged that respondents threatened to lodge false criminal cases following a land sale transaction where payment was pending. The court held that the Court cannot issue directions in this context and dismissed the application as having no merit.

What did the court decide?

The writ application was dismissed. No direction was issued to the respondents regarding the apprehension of false cases.

Om Prakash Singh @ Munna Singh Vs the… — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.909 of 2021

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Arising Out of PS. Case No.- Year-0 Thana- District- Patna

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OM PRAKASH SINGH @ MUNNA SINGH S/o Late Devendra Singh Permanent Address- R/o Village and P.O. Kharika, P.S.- Bidupur, DistrictVaishali. Present Address R/o Village- Dasua Basa, P.S.- Khesar, DistrictBanka.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HOME DEPTT., GOVT. OF BIHAR, PATNA

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The District Magistrate, Banka. Banka

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The Superintendent of Police, Banka.

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Sanjay Pandit S/o Nankeshwar Pandit R/o Village- Dasua Gram, P.S.Khesar, District- Banka.

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Pawan Pandit S/o Nankeshwar Pandit R/o Village- Dasua Gram, P.S.Khesar, District- Banka.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Prasad Singh For the Respondent/s : Mr.Prabhat Kumar Verma Mr. Suman Kumar Jha, AC to AAG 3

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 25-07-2023

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The petitioner has filed the present writ application

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raising a grievance that the respondent nos. 4 & 5 are threatening him that they would lodge false case against the petitioner due to the fact that petitioner has sold a piece of land in favour of wife of the respondent no. 4.

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From perusal of the facts involved in the case it appears that the petitioner sold a piece of land in the name of Baby Devi, W/o Sanjay Pandit (respondent no. 4) situated in village: Dasua, P.S.- Khesar, District- Banka by virtue of

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Patna High Court CR. WJC No.909 of 2021(3) dt.25-07-2023 2/2

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registered sale deed. According to the petitioner the respondent no. 4 had assured to pay the consideration amount after some time and on his assurance the petitioner gave him acknowledgment receipt against the consideration amount, but the entire consideration amount was not paid by the vendee and when the petitioner demanded the rest amount, the respondent nos. 4 & 5 threatened him to implicate the petitioner and his family members in several false cases.

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Taking into consideration the nature of dispute raised by the petitioner and the fact that petitioner has sold the land for consideration and on the apprehension of the petitioner that he would be falsely implicated in the criminal case, no direction can be issued to the respondents by this Court. Accordingly, I do not find any merit in the writ application. The same is dismissed.

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(Anil Kumar Sinha, J)

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praful/-

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Om Prakash Singh @ Munna Singh v. the State of Bihar through the Principal Secretary Home Deptt., Govt. of Bihar, Patna

Case brief

What is this about?

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Om Prakash Singh @ Munna Singh v. the State of Bihar through the Principal Secretary Home Deptt., Govt. of Bihar, Patna

Case brief

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What did the court decide?

What the court decided

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