Birendra Sharma & Ors vs State Of Bihar on 4 February, 2013

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Patna High Court - Orders

Birendra Sharma & Ors vs State Of Bihar on 4 February, 2013

Bench: Mandhata Singh

       Patna High Court Cr.Misc. No.36625 of 2009 (13) dt.04-02-2013




                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.36625 of 2009
                    ======================================================
                    1. Birendra Sharma
                    2. Ram Narayan Sharma
                    3. Rita Devi
                    4. Roshan Kumar
                    5. Kaushal Kumar
                    6. Jagnarayan Sharma
                    7. Savitri Devi
                                                                         .... .... Petitioner/s
                                                      Versus
                    1. State Of Bihar
                    2. Prabha Devi
                                                                    .... .... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s    : Mr. Birendra Kumar-Adv.
                                               Mr. Ram Das Singh

                    For the Opposite Party/s :
                                         Mr. Rajballabh Pd. Singh-A.P.P.
                                        Mr. Shivendra Prasad-Adv.
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH
                    ORAL ORDER

13   04-02-2013

This is an application for quashing the order dated 02.4.2009 passed by the learned Judicial Magistrate, Ist Class, Jehanabad in Complaint Case No.958 of 2008, Tr. No.2220 of 2009 under Sections 148, 448, 379, 420 of the I.P.C. against the petitioners.

Heard learned counsel for the petitioners and learned counsel for the state.

Allegation against petitioners is that they got transferred the land with house of complainant's husband and forcibly dispossessed the family members rather taken away household articles. Submission of learned counsel for the petitioners is that complainant's husband was exclusive owner of the house and he was in need of money, executed sale deed for house and its appurtenant land and transferred possession of the house and land, for the same he did not complain any time. Execution of the deed by complaint's Patna High Court Cr.Misc. No.36625 of 2009 (13) dt.04-02-2013 husband is admitted in the case if he was intoxicated that time is a matter to be decided by Civil Court on instance of husband only, liability it can be extended to criminal side then also husband should appear to state the misdeed of the petitioners, but in absence of the same pendency of prosecution is not justified.

Accordingly, this quashing application is allowed and impugned order dated 02.4.2009 passed in Complaint Case No. 958 of 2008 along with the whole prosecution against the petitioners is hereby quashed.

(Mandhata Singh, J) Vikash/-

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Patna High Court - Orders