Baijnath Sharma @ Sukhari Sharma vs State Of Bihar & Anr on 8 July, 2014

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Patna High Court - Orders

Baijnath Sharma @ Sukhari Sharma vs State Of Bihar & Anr on 8 July, 2014

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Revision No.1170 of 2012
                 ======================================================
                 1. Baijnath Sharma @ Sukhari Sharma S/O Late Bhekhraj Sharma R/O
                 Village - Tenduni, Police Station - Bikramganj, District - Rohtas

                                                                    .... ....   Petitioner/s
                                                 Versus
                 1. The State Of Bihar
                 2. Radheshyam Sharma S/O Late Kailash Sharma R/O Village - Tendua,
                 Police Station - Sanjhauli, District - Rohtas At Present, Residing At
                 Sasaram Road Bikramganj, Police Station - Bikramganj, District - Rohtas

                                                        .... .... Respondent/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                   ORAL ORDER

3   08-07-2014

The present revision application has been filed for setting aside the order dated 08.10.2012 passed in Trial No. 1446 of 2012 arising out of Complaint Case No. 631 of 2008 by learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas whereby the petitioner's application for discharge has been rejected.

The prosecution case is that the petitioner proposed the complainant for sale his land measuring ten dhurs bearing Plot No. 1781 Khata No. 443 and demanded Rs. one lac. The sale deed was prepared on 16.09.2013 but at the time of registration, the petitioner ran away from the office of the Registrar.

It is submitted by learned counsel for the petitioner that for the occurrence of 2003, the complaint was filed in the year 2008 when there is no proof that the entire consideration amount was paid, hence the criminal forum has been misused for redressal Patna High Court CR. REV. No.1170 of 2012 (3) dt.08-07-2014 2/2 of civil nature of dispute and a supplementary affidavit has been filed that charge has still not been framed.

Issue notice to opposite party no.2 by ordinary post as well as by registered cover with A/D for which requisites must be filed within a period of two weeks failing which this application shall stand rejected without further reference to the Bench.

In the meantime, further proceeding of Complaint Case No. 631 of 2008 pending in the court of learned JM, 1st Class, Bikramganj, Rohtas is stayed.

(Dinesh Kumar Singh, J) Amrendra/-

 U           T

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Patna High Court - Orders