Arati Ray Chowdhury @ Arati Roy ... vs State Of Jharkhand
2022 Latest Caselaw 5215 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr.M.P. No. 3993 of 2022
               1. Arati Ray Chowdhury @ Arati Roy Choudhary
               2. Bhaswati Konar
               3. Urmila Ray
               4. Robin Kumar Roy
               5. Mitra Labanya Kar                                    ... Petitioners
                                        -Versus-
               1. State of Jharkhand
               2. Shashi Kumar Singh                                   ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Prashant Pallav, Advocate For the Opposite Party-State : Mrs. Priya Shrestha, S.P.P.

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03/22.12.2022. Learned counsel for the petitioners submits that the legal heirs of Late Shri Kamala Prasad, who were parties in Title Suit No.72 of 2004 executed a registered partition deed dated 10.05.2019 amongst themselves and thereafter sold the scheduled property in parts to various individuals. The opposite party no.2 along with his wife challenged the partition deed dated 10.05.2019 before the Deputy Commissioner, Deoghar and that has already been stayed by this Court in W.P.(C) No.7 of 2021, vide order dated 08.02.2021. In this background, he submits that this is malicious prosecution against the petitioners and the petitioner is only vendor. He also submits that the sale deed on the basis of which the claimant is claiming right, title and interest over the property, is declared null and void in Title Suit No.72 of 2004, vide judgment dated 15.06.2019.

Issue notice upon opposite party no.2 by ordinary process as well as registered post with A/D, for which, requisites etc. must be filed within two weeks.

Till the next date, no coercive steps shall be taken against the petitioners in connection with C.P. Case No.1474 of 2019, pending in the court of the learned Judicial Magistrate, 1st Class, Deoghar.

Let this matter appear on 21.03.2023.

(Sanjay Kumar Dwivedi, J.) Ajay/