Patna High Court - Orders
Dayanand Choudhary & Ors vs The State Of Bihar & Anr on 8 November, 2012
Author: Anjana Prakash
Bench: Anjana Prakash
Patna High Court Cr.Misc. No.22333 of 2012 (4) dt.08-11-2012 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22333 of 2012
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1. Dayanand Choudhary S/O Late Muni Choudhary
2. Akshat Kant S/O Uma Kant Choudhary
3. Sita Kant W/O Sri Umakant Choudhary &
4. Uma Kant S/O Dayanand Choudhary, all R/O Kurgi Bagicha Gali No.
10, P.S. Digha, District - Patna
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Rita Devi W/O Mahesh Saw, R/O Kurji, Kotiya Vikash Nagar, P.S.
Digha, District - Patna
.... .... Opposite Party/s
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With
Criminal Miscellaneous No.44236 of 2012
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1. Mahesh Sao son of late Bhaghirath Sao,
2. Rita Devi wife of Mahesh Sao,
3. Mukesh Kumar son of Mahesh Sao,
4. Sonu Kumar son of Mahesh Sao,
5. Mantu Kumar son of Mahesh Sao, all are resident of Mohalla-Kurji
Kotihya (Vikas) Nagar, P.S.-Digha, District- Patna
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
4/ 08-11-2012No one appears on behalf of the Petitioners in Cr. Misc. No.22333 of 2012.
The Petitioners of Cr. Misc. No.22333 of 2012 seek quashing of the entire proceeding including order dated 16.01.2012 passed by the Judicial Magistrate, 1st class, Patna, in Trial No.2079 of 2012 arising out of Complaint Case No.2190-C of 2011 by which he has taken cognizance in the matter. Patna High Court Cr.Misc. No.22333 of 2012 (4) dt.08-11-2012 2
The case of the Complainant is that certain dispute arose between the parties on account of construction of their respective houses in which some nuisance were created.
The Petitioners of Cr. Misc. No.44236 of 2012 seek quashing of the entire criminal proceeding including order 11.01.2012 passed by the Chief Judicial Magistrate, Patna, in Special Case No.31 of 2012 arising out of Digha P.S. Case No.112 of 2011 by which he has taken cognizance in the matter.
Allegation in the First Information Report is that accused persons came and variously abused and assaulted the Informant and his family members.
Both the matters have been taken up together since the parties are interrelated in the sense that Petitioner No.3 of Cr. Misc. No.22333 of 2012, Sita Kant, is the Informant of Digha P.S. 112 of 2011, whereas, Petitioner No.2 of Cr. Misc. No.44236 of 2012, Rita Devi, is the Complainant of the Complaint Case No.2190-C of 2011.
It has been submitted on behalf of the Petitioners of Cr. Misc. No.44236 of 2012 that they have no objection in quashing the entire proceeding of both the cases to promote harmony between them, who are neighbours.
Considering such circumstances, entire proceeding Patna High Court Cr.Misc. No.22333 of 2012 (4) dt.08-11-2012 3 including order dated 16.01.2012 passed by the Judicial Magistrate, 1st class, Patna, in Trial No.2079 of 2012 arising out of Complaint Case No.2190-C of 2011 as also entire criminal proceeding including order 11.01.2012 passed by the Chief Judicial Magistrate, Patna, in Special Case No.31 of 2012 arising out of Digha P.S. Case No.112 of 2011 pending in the Court of the Additional Sessions Judge, 1st, Patna, are stand quashed.
Both the applications stand allowed.
(Anjana Prakash, J) JA/-