Patna High Court - Orders
Preeti Lal & Ors vs The State Of Bihar & Anr on 31 January, 2012
Author: Shivaji Pandey
Bench: Shivaji Pandey
Patna High Court Cr.Misc. No.33344 of 2011 (2) dt.31-01-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33344 of 2011
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Preeti Lal & Ors
.... .... Petitioner/s
Versus
The State Of Bihar & Anr
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gyanand Roy, Advocate.
For the Opposite Party/s : Mr. Naveen Kumar Pandey, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY)
2 31-01-2012Heard learned counsel for the petitioners and learned counsel for the State.
The dispute arose because owner of the property Mr. Basant Lal has allegedly executed a will on 3.2.1987 in favour of the complainant. He filed a probate case and the same is pending in civil court. During pendency of the probate case, petitioner no.1 has filed a case before the Circle Officer for mutating her name with regard to her share. The Circle Officer enquired into the matter and mutated her name. In the complaint petition allegation has been made that the petitioners have suppressed the fact of pendency of the probate case and for that reason the present complaint petition has been filed.
Issue notice to opposite party no.2 under ordinary Patna High Court Cr.Misc. No.33344 of 2011 (2) dt.31-01-2012 process as well as registered post with A/D for which requisites etc. must be filed within a period of one week, failing which this application as against him shall stand rejected without further reference to the Bench.
In the meantime, further proceedings in Complaint Case No.948 (C) of 2011, pending in the court of the Judicial Magistrate, Ist Class, Patna shall remain stayed.
(Shivaji Pandey, J.) Vinay/-