Patna High Court - Orders
Birbhadra Prasad Baranwal vs State Of Bihar & Anr on 16 January, 2014
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33838 of 2013
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Birbhadra Prasad Baranwal son of Late Shri M.L. Baranwal
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Om Prakash Lal son of Late Ram Avatar Lal
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 16-01-2014The present application has been filed for quashing of the order dated 28.05.2012 passed by learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1092C of 2012, whereby processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 341, 34 of the I.P.C.
The prosecution case is that the complainant is tenant of the petitioner since 1998 but he came to know in April, 2012 that the real owner of the house in question is one Savitri Devi and not the petitioner when on 10.04.2012 the petitioner asked the complainant to vacate the premises and thereafter the complainant was assaulted and abused.
It is submitted by learned counsel for the petitioner that the malicious nature of accusation is apparent from the fact that after fourteen years of the tenancy, the complainant took a ground that that the real owner is Savitri Devi who is non-else than own sister of the petitioner.
Issue notice to O.P. No. 2 by registered post as Patna High Court Cr.Misc. No.33838 of 2013 (2) dt.16-01-2014 2/2 well as ordinary process, for which requisites etc must be filed within a period of two weeks, failing which the application shall stand rejected without further reference to the Bench.
In the meantime, further proceeding of Complaint Case No. 1092C of 2012, pending in the Court of learned Judicial Magistrate, 1st Class, Patna with regard to the petitioner is hereby stayed.
(Dinesh Kumar Singh, J) Shageer/-