Yadwesh Kumar vs The State Of Bihar
2023 Latest Caselaw 5354 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.21467 of 2023
      Arising Out of PS. Case No.-343 Year-2020 Thana- SARAN COMPLAINT CASE District-
                                              Saran
     ======================================================

YADWESH KUMAR Son of Late Devnath Rai @ Late Deonath Rai R/V- Deochandra Sansar, Mubarak Lane, Mahamood chowk, P.S- Chapra Town, Dist- Saran at Chapra

... ... Petitioner/s Versus

1. The State of Bihar

2. Wakil Prasad Yadav Son of Late Dharamdeo Prasad Yadav R/V- Sadhpur, PS- Garkha, Dist- Saran at Chapra

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

For the Petitioner/s : Mr.Sandip Kumar Gautam, Adv For the Informant : Mr. Dewendra Narayan Singh, Adv Mr. Ashutosh Kumar Singh, Adv For the State : Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 16-10-2023 Heard learned counsel for the petitioner, learned counsel

for the informant and learned counsel for the State.

2. The petitioner has put to challenge in the present

application filed under section 482 of the CrPC the order taking

cognizance dated 26.02.2020 passed by the learned Additional

Chief Judicial Magistrate-VI, Saran at Chapra in connection

with Complaint Case No. 343 of 2020, by which learned ACJM-

V has taken cognizance of the offences punishable under

Sections 323, 420, 467, 468, 471 and 34 of the Indian Penal

Code against this petitioner.

Patna High Court CR. MISC. No.21467 of 2023 dt.16-10-2023

3. It is the allegation made in the complaint petition of

the Opposite Party No. 2 that the father of accused no. 1

Banaras Singh executed sale deed in favour of his mother

Dhandai Devi in the year 1949 with respect to land pertaining

to Khata No. 84 , Plot No. 1478 admeasuring 2 Bigha, 12 Katha

14 Dhoor, Khata No. 84, Plot No. 1514 admeasuring 1 Bigha

16 Katha 17 Dhoor, and Khata No. 85 Plot No. 1518

admeasuring 2 katha 3 Dhoor. After the total area of the land

said to have been transferred by Banaras Singh was thus 4

Bigha 11 Katha and 14 Dhoor.

4. It is the case of opposite party no. 2 that after

execution of sale deed, Dhandai Devi had come in possession

and thereafter the land was in possession of the complainant.

5. The gist of allegation in the complaint petition that on

20.01.2020 accused Puran Singh declared that he had sold 7

Katha land of Khata No. 84 Plot No. 1478 at Kamalpur Petrol

Pump. It is the case of the complainant that the land which

belonged to the complainant was thus fraudulently purchased by

this petitioner from accused Puran Singh. Nawaji Ali also got

executed sale deed in his favour by Puran Singh.

6. On close reading of the complaint petition, leaves no

room for doubt, that it pure and simple civil dispute which has Patna High Court CR. MISC. No.21467 of 2023 dt.16-10-2023

been given the colour of criminal case. In any event, in my

opinion, no offence punishable under sections 323, 420, 467,

468, 471 and 34 of the Indian Penal Code is made out against

this petitioner. The filing of the complaint case as against this

petitioner, in the court's opinion, is an abuse of the process of

the court. The complaint petition to the extent the same relates

to the petitioner stands quashed.

7. This application is, accordingly, allowed.

(Chakradhari Sharan Singh, J)

ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.10.2023
Transmission Date       19.10.2023