Dilip Kumar Yadav and ors Vs. State of Bihar

Dilip Kumar Yadav and ors vs State of Bihar

Type Court Judgment Court Patna Decided Aug 20, 2013

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https://sooperkanoon.com/case/1028436

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Citation: sooperkanoon.com/1028436
Court: Patna High Court
Decided On: Aug 20, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Dilip Kumar Yadav and ors

Respondent

State of Bihar

Excerpt

.....of gopeshwar nagar, p.s. bhagwan bazar, district saran .... .... opposite party/s =========================================================== appearance : for the petitioner/s : mr. mrityunjay kumar tiwary, advocate for the state : mr. mukesh kr. singh, a.p.p. for opposite party no.2 : mr. vijay kumar, advocate ms. rajani kumari, advocate =========================================================== coram: honourable justice smt. anjana prakash oral judgment date:20. 08-2013 the petitioners seek quashing of the entire proceeding including the order of cognizance dated 13.6.2007 passed by the judicial magistrate, chapra in trial no.3557 of 2007 arising out of complaint case no.3294 of 2006. the case of the complainant is that on the date of occurrence the petitioners allegedly assaulted him and took away paddy crops from the field as also committed theft of his personal belongings. it appears that even though the occurrence is said to have taken place on 9.12.2006, the present complaint was filed only on 27.12.2006 i.e. 18 days after the same. it also appears that complaint patna high court cr.misc. no.52518 of 2007 dt.20-08-2013 2 case no.3183 of 2006 has been filed against the complainant and all his witnesses, it is thereafter that the present complaint has been filed. considering the petty nature of the offence and that the occurrence appears to have taken place on account of bonafide assertion of civil rights, the application is allowed and the entire proceeding including the order dated 13.6.2007 passed by the judicial magistrate, chapra in trial no.3557 of 2007 arising out of complaint case no.3294 of 2006 is hereby quashed. (anjana prakash, j) nafr/narendra/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52518 of 2007 =========================================================== 1. Dilip Kumar Yadav, son of Wakil Prasad Yadav 2. Rita Devi, wife of Dilip Kumar Yadav 3. Lalsa Devi, wife of Dilip Kumar Yadav 4. Wakil Prasad Yadav, son of Bigan Roy 5. Pramod Kumar Yadav, son of Wakil Prasad Yadav, all are resident of Sadhpur Prasad Yadav, all are resident of Sadhpur, P.S. Garakha, District Saran .... .... Petitioner/s Versus 1. The State of Bihar 2. Vibhuti Saran, son of late Kamala Saran, resident of Said Saray, P.O. Said Saray, P.S. Garakha, District Saran, at present resident of Gopeshwar Nagar, P.S. Bhagwan Bazar, District Saran .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate For the State : Mr. Mukesh Kr. Singh, A.P.P. For Opposite Party No.2 : Mr. Vijay Kumar, Advocate Ms. Rajani Kumari, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

Date:

20. 08-2013 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 13.6.2007 passed by the Judicial Magistrate, Chapra in Trial No.3557 of 2007 arising out of Complaint case No.3294 of 2006. The case of the Complainant is that on the date of occurrence the Petitioners allegedly assaulted him and took away paddy crops from the field as also committed theft of his personal belongings. It appears that even though the occurrence is said to have taken place on 9.12.2006, the present Complaint was filed only on 27.12.2006 i.e. 18 days after the same. It also appears that Complaint Patna High Court Cr.Misc. No.52518 of 2007 dt.20-08-2013 2 case No.3183 of 2006 has been filed against the Complainant and all his witnesses, it is thereafter that the present Complaint has been filed. Considering the petty nature of the offence and that the occurrence appears to have taken place on account of bonafide assertion of civil rights, the application is allowed and the entire proceeding including the order dated 13.6.2007 passed by the Judicial Magistrate, Chapra in Trial No.3557 of 2007 arising out of Complaint case No.3294 of 2006 is hereby quashed. (Anjana Prakash, J) NAFR/Narendra/-

Same Court & Year Patna · 2013 Same Parties Dilip Kumar Yadav and ors vs State of Bihar Same Subject Education