Dismissed¶24

Kaleshwar Paswan v. The State of Bihar

Patna HC20 Jan 2026CR. MISC./37067/2019

Case brief

AI extract

What is this about?

Quashing/settling aside of cognizance order dated 16.03.2019 by First Additional Session Judge, Khagaria; rejection of Criminal Revision application; approval of SDJM Khagaria order dated 11.04.2016 in case no. 757(M)/2005 declaring possession of first party (respondents 2nd set) over disputed land; quashing jurisdiction - facts not re-examined when both fact-finding courts hold against applicant; no illegality in procedure; application dismissed with liberty to seek declaration of right, title and interest from District Court; Patna HC Cr. Misc. No. 37067 of 2019, decided 20-01-2026, Justice Sandeep Kumar.

What did the court decide?

Liberty to the petitioners to approach the District Court for declaration of their right, title and interest. ¶24

Kaleshwar Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37067 of 2019

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

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

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KALESHWAR PASWAN Son of Late Kirani Paswan Resident of VillageChhilkouri, P.S.- Alauli, District- Khagaria

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Rajaram Paswan Son of Late Kirani Paswan Resident of Village- Chhilkouri, P.S.- Alauli, District- Khagaria

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Raj Kumar Paswan Son of Late Kirani Paswan Resident of VillageChhilkouri, P.S.- Alauli, District- Khagaria.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Parmanand Singh S/o Late Priyabart Narayan Singh Resident of VillageBudhoura, P.S.- Alauli, District- Khagaria at Present Residing at Rajendra Nagar, Sahnauli, Ward No. 20, P.S. and District- Khagaria.

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Sanjay Kumar Singh S/o Janardan Prasad Singh Resident of VillageBudhoura, P.S.- Alauli, District- Khagaria. at present residing at Rajendra Nagar, Sahnauli, Ward No.20, P.s. and District- Khagaria.

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Ram Balak Paswan S/o Rajaram Paswan Resident of Village- Chhilkouri, P.S.- Alauli, District- Khagaria.

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Ram Babu Paswan S/O Kaleshwar Paswan Resident of Village- Chhilkouri, P.S.- Alauli, District- Khagaria.

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... ... Opposite Party/s

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

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Appearance : For the Petitioner/s : Mr.Ashok Kumar Keshari, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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5 20-01-2026 Heard learned counsel for the petitioners and learned

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counsel for the State.

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This application has been filed on behalf of the

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petitioners for setting aside/quashing the order of cognizance dated 16.03.2019 passed by First Additional Session Judge, Khagaria whereby and whereunder the learned appellate court

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Patna High Court CR. MISC. No.37067 of 2019(5) dt.20-01-2026 2/2

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has rejected the Criminal Revision application and has approved the order dated 11.04.2016 passed in case no. 757(M)/2005 by the Sub-Divisional Judicial Magistrate, Khagaria has declared the possession of first party (respondent 2^nd set) with respect to the land in question.

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Both the fact finding courts have held against the petitioners and in quashing jurisdiction, this Court will not examine the facts of the case. There is no illegality in the procedure.

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In the view of the aforesaid, this application stands dismissed with liberty to the petitioners to approach the District Court for declaration of their right title and interest.

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(Sandeep Kumar, J)

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tusharika/-

¶27

U T

Kaleshwar Paswan v. The State of Bihar

Case brief

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Kaleshwar Paswan v. The State of Bihar

Case brief

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