Patna High Court - Orders
Shanta Nand Sinha @ Mohan Singh vs The State Of Bihar & Ors on 30 July, 2013
Author: Mandhata Singh
Bench: Mandhata Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17862 of 2011
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Shanta Nand Sinha @ Mohan Singh, S/o late Kumar Tara Nand Sinha,
Resident of M/33, S.K. Nagar, Banaili House, Patna-1.
.... .... Petitioner/s
Versus
1 The State of Bihar
2 E. Ravindra Thakur, S/o late Rasdhari Thakur, R/o Mohalla - A/03,
Rasbihari Path, Vijay Nagar, Danapur, District-Patna.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajiv Verma, Sr. Adv.
Mr. Tuhin Shankar
Mr. Rathi Prasad
Mr. Anuj Prakash
For the Opposite Party No. : Mr. Arun Kumar
For the A.P.P. : Mr. Ashok Kumar Singh, No.1
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CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH
ORAL ORDER
4 30-07-2013Heard learned counsel for the petitioner and learned counsel for the opposite parties.
This application is filed for quashing the order dated 15.12.2005 passed by learned Judicial Magistrate, Ist Class, Danapur, Patna.
Allegation is that petitioner along with other co- accused persons entered the house of the complainant while he was there in the house along with his family members. They abused, misbehaved and gave threatening after assault. Further, an amount of Rs. 10 Lacs was demanded, as to why same was not handed over to them even after demand nor plot is allotted to co- accused, Sushil Kumar Rai. Threatening was with dire Patna High Court Cr.Misc. No.17862 of 2011 (4) dt.30-07-2013 2 consequences, if another plot was not transferred in his favour. Further, it is alleged that all the articles kept in the house, including T.V., Almirah, chair, table were damaged and co- accused Sushil Kumar Rai taken away necessary papers, including Rs. 8000/- cash.
Submission is that real dispute was that a plot namely Z-14 was allotted to co-accused Sushil Kumar Rai by Abhiyanta Grih Nirman Sahkari Samiti Limited but at the same time, Ashiana Co-operative Housing Society Limited allotted the same plot in favour of Ragani Kumari. This dispute was already raised earlier to the incident in the Court of Registrar Co- operative Society, Patna, Bihar, which is clear from Annexure-2. There is no dispute that Plot No.Z-14 was not allotted to co- accused, Sushil Kumar Rai which remained in dispute, as was allotted by Ashiana Co-operative Housing Society Limited in favour of Ragani Kumari. If that is taken into consideration then it appears that allegation against this petitioner is mala fide. It is made clear that complainant's wife is Vice President of Abhiyanta Girh Nirman Sahkari Samiti Limited. There is every probability of making demand of the land or its price if was paid but it never can be shown as ransom. It clearly appears that to cast pressure, this allegation is leveled against the petitioner. Real Patna High Court Cr.Misc. No.17862 of 2011 (4) dt.30-07-2013 3 grievance is of co-accused, Sushil Kumar Rai. He has been alleged for taking away of relevant papers and Rs. 8000/- cash.
I refrain from making any observation to believe the allegation or disbelieve against Sushil Kumar Rai but I do not hesitate to observe that prosecution against this petitioner is malicious, is not liable to sustain.
Accordingly, this quashing application is allowed. The order dated 15.12.2005 passed by learned Judicial Magistrate, Ist Class, Danapur, Patna in connection with Complaint Case No. 583(c) of 2002 is hereby quashed.
(Mandhata Singh, J.) Shail/-