Patna High Court - Orders
Krishna Kumar Sharma & Ors vs State Of Bihar on 2 August, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43876 of 2009
======================================================
1. Krishna Kumar Sharma S/O Late Basudeo Sharma R/O Moh- Manpur,
P.S. Lalganj, Distt. Vaishali
2. Motiur Rahman S/O Late Abdul Ajim R/O Vill- Agarpur, P.S. Lalganj,
Distt. Vaishali
3. Jai Shankar Singh S/O Late Bhisham Singh R/O Vill- Premganj, P.S.
Lalganj, Distt. Vaishali
4. Laxmi Devi W/O Krishan Kumar Sharma R/O Vill- Manpur, P.S.
Lalganj, Distt. Vaishali
5. Indradeo Paswan S/O Munnar Paswan R/O Vill- Manpur, P.S. Lalganj,
Distt. Vaishali
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
3 02-08-2013The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 13.07.2009 passed in Complaint Case No. 552C of 2009 giving rise to T.R. No. 327 of 2009 by Shri Prabhat Trivedi, Judicial Magistrate, 1st Class, Vaishali.
The case of the Complainant is that his father had purchased a certain piece of land of which he had certain share. The accused persons allegedly transacted a piece of some land by a registered sale-deed.
It appears that the parties belong to common ancestors. A genealogical table has been given in paragraph-5. It appears that the land originally belonged to Chalitra Thakur, Patna High Court Cr.Misc. No.43876 of 2009 (3) dt.02-08-2013 2/3 Basudeo Thakur and Shyamlal Thakur which is evident from Revisional Survey Khatiyan. Though Chalitra Thakur had no right to sell out the entire piece of land of the said plot, he sold it in favour of Ram Swaroop & Deep Narayan. Later they exchanged the lands. Ram Swaroop thereafter built a house in the northern corner of the plot whereafter legal heirs of Ram Swaroop Thakur, Om Prakash, Prem Prakash & Arjun jointly sold 6.5 decimals of land of the said plot to Petitioner No.2 i.e. Laxmi Dei wife of Petitioner No.4 through registered sale-deed. After purchasing the part of the aforesaid land the Complainant started to create problems on account of which informatory petition was filed on 12.01.2009. Subsequently, a number of cases were filed between the parties including Title Suit No. 101 of 2009. It is in this background that the Petitioners seek exoneration of the prosecution.
On the other hand, the Counsel for the Opposite Party No.2 submits that the accused persons played a fraud by selling off property which did not belong to them.
Having gone through the contents of the Complaint Petition and background facts of the case, in my opinion, no criminal offence is made out against the Petitioners. Hence, the entire proceeding including the order of cognizance dated Patna High Court Cr.Misc. No.43876 of 2009 (3) dt.02-08-2013 3/3 13.07.2009 passed in Complaint Case No. 552C of 2009 giving rise to T.R. No. 327 of 2009 by Shri Prabhat Trivedi, Judicial Magistrate, 1st Class, Vaishali at Hajipur is hereby quashed.
(Anjana Prakash, J) Mkr./-