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Patna High Court - Orders

Birendra Kumar Jha & Anrs. vs The State Of Bihar & Anrs. on 5 September, 2012

Author: Shivaji Pandey

Bench: Shivaji Pandey

      Patna High Court Cr.Misc. No.17841 of 2011 (2) dt.05-09-2012




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.17841 of 2011
                   ======================================================
                   Birendra Kumar Jha & Anrs.
                                                                        .... .... Petitioner/s
                                                     Versus
                   The State Of Bihar & Anrs.
                                                                   .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     : Mr.
                   For the Opposite Party/s   : Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                   ORAL ORDER

2   05-09-2012

Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is permitted to make necessary correction in paragraph no.1 of the petition.

This application has been filed for quashing the order dated 24.7.2010 passed in Complaint Case No.90 of 2009 by the Judicial Magistrate, Ist Class, Pupri, Sitamarhi by which he has taken cognizance against the petitioner under sections 420 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner and opposite party no.2 are their own relations. Partition suit is pending where shares between the parties will be decided. The present case is completely a civil dispute and it is nothing but an abuse of the process of the court.

Issue notice to opposite party no.2 under ordinary process as well as registered cover 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.90 of 2009, pending in the court of the Judicial Magistrate, Ist Class, Pupri, Sitamarhi shall remain stayed.

After appearance of opposite party no.2, let this case be listed at the top of the lists.

Vinay/-                                               (Shivaji Pandey, J)