Anjani Kumar Singh @ Sanjiv Kumar ... vs Sharvan Kumar Singh And Ors
2023 Latest Caselaw 3491 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12829 of 2015
     ======================================================

Anjani Kumar Singh @ Sanjiv Kumar Singh S/o late Lalbahadur Singh, R/o Village- Jamurana, P.S.- Ramgarh, Distt.- Kaimur at Bhabua

... ... Petitioner/s Versus

1. Sharvan Kumar Singh S/o late Lalbahadur Singh, R/o Village- Jamurana, P.S.- Ramgarh, Distt.- Kaimur, Bhabua

2. The State of Bihar through Director Consolidation Bihar, Patna

3. Consolidation Officer, Mohania, P.S.- Mohania, Distt.- Kaimur, Bhabua

4. The Deputy Director of Consolidation, Rohatas at Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rewti Kant Raman, Advocate For the Respondent/s : Mr. Nadeem Seraj, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 03-08-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

2. Learned counsel for the petitioner has filed this

writ petition for issuance of direction to respondent no.3 to

disposed of the petition dated 18.01.2014 filed on behalf of the

petitioner to make an inquiry under Section 340 of the Code of

Criminal Procedure against respondent no.1 and lodged criminal

case against him as he played fraud upon him in order to grab

the property of the petitioner.

3. Learned counsel for the petitioner submits that

the application of the petitioner filed under Section 340 of Code Patna High Court CWJC No.12829 of 2015 dt.03-08-2023

of Criminal Procedure dated 18.01.2014 was kept pending

before the Consolidation Officer. He has not taken any action.

Therefore, being aggrieved and dissatisfied due to inaction on

the part of the Consolidation Officer, he has preferred Statutory

Appeal under Section 341 of the Code of Criminal Procedure.

which indicates that the appeal should be preferred before the

Superior Court but the Superior Court has also not done

anything. Thereafter, he has preferred the present writ petition

for initiation of action under Section 340 of Code of Criminal

Procdure.

4. Learned counsel for the State submits that in this

petition, he has not pleaded anything specific that what fraud or

what wrong under Section 340 of the Code of Criminal

Procedure has been made.

5. In response, counsel for the petitioner submits

that he has specifically made pleading in paragraph-11 of the

petition.

6. In the light of the submissions made by counsel

for the petitioner and counsel for the State and upon going

through the provision of law, it is clear that filing an application

under Section 340 of the Code of Criminal Procedure before the

Court where the said fraud is alleged to be made is the correct Patna High Court CWJC No.12829 of 2015 dt.03-08-2023

step. Filing appeal under Section 341 of Code of Criminal

Procedure due to inaction under Section 340 of Code of

Criminal Procedure is also the correct step taken by the

petitioner. But these steps are subject matter relating to Code of

Criminal Procedure, 1973. Section 340 of Code of Criminal

Procedure is basically a methodology in which cognizance has

to be taken by the Court against the person who used to interfere

in the administration of justice and in this view of the matter, the

remedy for the petitioner against the said inaction on the part of

the officials for not to act under section 340 of Code of Criminal

Procedure or under Section 341 of Code of Criminal Procedure

shall lie in the opinion of this Court under Section 482 of Code

of Criminal Procedure and not in the writ jurisdiction.

7. In this view of the matter, the present writ

petition is disposed off with the aforesaid observation.

(Dr. Anshuman, J.) ravishankar/-

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