Hari Kishun Sahni And Ors vs State Of Bihar And Anr
2023 Latest Caselaw 5043 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.24451 of 2017
            Arising Out of PS. Case No.-72 Year-2015 Thana- GUTHANI District- Siwan
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1. Hari Kishun Sahni, Son of Late Deo Nath Sahni.

2. Rohit Sahni, Son of Hari Kishun Sahni.

3. Krishna Mohan Nath Tiwari, Son of Late Markandey Nath Tiwari.

4. Dhirendra Sahni @ Dhirendra Sah, Son of Hari Kishun Sahni, All are Resident of Village- Chitakhal, Police Station- Guthani, District- Siwan.

... ... Petitioner/s Versus

1. The State of Bihar.

2. Brij Kishore Nath Tiwari, Son of Late Suryabhan Nath Tiwari, Resident of Village and P.O.- Chitakhal, Police Station- Guthani, At present of Village- Selaur, Police Station- Guthani, District- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Advocate. For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P. For the O.P. No.2 : Mr. Ramadhar Shekher, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 04-10-2023

Heard learned counsel for the petitioners;

learned A.P.P. for the State along with learned counsel for

the Opposite Party No.2.

2. Learned counsel for the petitioners submits

that the present quashing application has been filed seeking

quashing of order dated 16.02.2017 passed by the learned

Chief Judicial Magistrate, Siwan in Guthani P.S. Case No.

72 of 2015, whereby cognizance of offences under Sections Patna High Court CR. MISC. No.24451 of 2017 dt.04-10-2023

379 and 34 of the Indian Penal Code has been taken.

3. Learned counsel next submits that initially an

F.I.R. was instituted by the Opposite Party No.2 alleging

that he had planted wheat crops in village-Odikhor, district-

Siwan and the petitioners on 11.04.2015 at 7 P.M. came and

harvested the said wheat crops by committing theft. The

learned counsel next submits that from bare perusal of the

allegation as alleged in the F.I.R., it would manifest that the

dispute was purely civil in nature to which a criminal colour

has been given. It is next submitted that petitioners are

disputing the title of the O.P. No.2 over the land in question,

it is next submitted that even police after investigation

submitted final form in favour of the petitioners and

recommended proceedings under Sections 182 and 211 of

the Indian Penal Code against the informant, but the learned

Trial Court, differing with the police report, took

cognizance. It is next submitted that the land in question

belongs to one Kashi Nath Tiwari and the said Kashi Nath

Tiwari through registered sale deed had sold the land in

favour of petitioner no.1 on 16.01.2001 and thereafter the

petitioner no.1 along with his family members came in Patna High Court CR. MISC. No.24451 of 2017 dt.04-10-2023

possession over the land even the land was mutated in

favour of petitioner no.1 and Jamabandi No.276 was

created and thereafter rent receipts were issued as would be

evident from the 'Annexure-3 series' to the quashing

application.

4. Learned counsel for the petitioners submits

that if the Opposite Party No.2 had any grievance, he ought

to have moved before a Court of competent civil

jurisdiction instead of instituting a criminal case with a

view to coerce the petitioners into submission to part with

the land. The learned counsel further submits that till date

the stage of the case from the stage of cognizance has not

changed.

5. The learned counsel for the Opposite Party

No.2 submits that despite his best endeavour he could not

seek any instruction from the Opposite Party No.2, as such,

is not aware of the present status of the case.

6. Mr. Rabindra Kumar, learned A.P.P. for the

State opposes the quashing application.

7. Since, it has been submitted by the learned

counsel for the petitioners that the stage of the case from the Patna High Court CR. MISC. No.24451 of 2017 dt.04-10-2023

stage of cognizance till date has not changed, as such, there

is no reason for this Court to disbelieve the said

submissions of the learned counsel for the petitioners.

8. After hearing the learned counsel for the

petitioners, the Court comes to a considered conclusion that

the dispute was purely civil in nature to which a criminal

colour was given.

9. Considering the submissions, the order dated

16.02.2017 passed by the learned Chief Judicial Magistrate,

Siwan in Guthani P.S. Case No. 72 of 2015, whereby

cognizance of offences under Sections 379 and 34 of the

Indian Penal Code has been taken, is hereby quashed.

10. The quashing application is thus allowed.

(Satyavrat Verma, J) Nilmani/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          06.10.2023
Transmission Date       N.A.