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Bindeshwar Singh Vs. the State of Bihar and anr

Bindeshwar Singh vs The State of Bihar and anr

Type Court Judgment Court Patna Decided Aug 20, 2013
~2 min read
https://sooperkanoon.com/case/1028445

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

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

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Bindeshwar Singh

Respondent

The State of Bihar and anr

Excerpt

.....a.p.p. =========================================================== coram: honourable justice smt. anjana prakash oral judgment date:20. 08-2013 it has been submitted on behalf of the counsel for the opposite party no.2 that since the file has been taken away by the client, his vakalatnama be ignored. the petitioners seek quashing of the entire proceeding including the order of cognizance dated 30.8.2007 passed by the chief judicial magistrate, patna in shastrinagar p.s. case no.59 of 2007. the case of the informant is that she was the daughter-in-law of the petitioners, whose husband had died. after which they started to misbehave with her and attempted to kill her and two children aged about 12 and 5 years. they also pressurized her to bring property from her maternal home, on account of which the present first information report was instituted. patna high court cr.misc. no.54784 of 2007 dt.20-08-2013 2 it has been submitted on behalf of the petitioners that the husband of the informant and the son of the petitioners suddenly died on account of illness, whereafter the informant was residing with them. the petitioners were looking after her but unfortunately the informant fell in bad days on account of which certain complications arose. the parties so aggrieved by the conduct of the opposite party no.2 also approached the court as also the petitioner no.1 filed a complaint. in this background it is submitted that the present complaint appears to be false and fictitious and without any support from the children, who were also residing along with them, the allegations are fit to be rejected. in view of such, the application is allowed and the entire proceeding including the order dated 30.8.2007 passed by the chief judicial magistrate, patna in shastrinagar p.s. case no.59 of 2007 is hereby set aside. (anjana prakash, j) nafr/narendra/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54784 of 2007 =========================================================== 1. Bindeshwar Singh son of late Saudagar Singh 2. Smt. Chandrakanta Roy wife of Bindeshwar Singh, both resident of Sheikpur, Brahmsthan, P.S. Shastrinagar, District Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Smt. Sangeeta Verma wife of late Ravindra Kumar, C/o Sri Bindeshwar Singh, Sheikhpur, Brahmsthan, P.S. Shastrinagar, District Patna .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Jayant Kumar Sharan, Advocate Mr. Hemant Kumar Sharan, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

Date:

20. 08-2013 It has been submitted on behalf of the Counsel for the Opposite Party No.2 that since the file has been taken away by the client, his Vakalatnama be ignored. The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 30.8.2007 passed by the Chief Judicial Magistrate, Patna in Shastrinagar P.S. case No.59 of 2007. The case of the Informant is that she was the daughter-in-law of the Petitioners, whose husband had died. After which they started to misbehave with her and attempted to kill her and two children aged about 12 and 5 years. They also pressurized her to bring property from her maternal home, on account of which the present First Information Report was instituted. Patna High Court Cr.Misc. No.54784 of 2007 dt.20-08-2013 2 It has been submitted on behalf of the Petitioners that the husband of the Informant and the son of the Petitioners suddenly died on account of illness, whereafter the Informant was residing with them. The Petitioners were looking after her but unfortunately the Informant fell in bad days on account of which certain complications arose. The parties so aggrieved by the conduct of the Opposite Party No.2 also approached the Court as also the Petitioner No.1 filed a Complaint. In this background it is submitted that the present Complaint appears to be false and fictitious and without any support from the children, who were also residing along with them, the allegations are fit to be rejected. In view of such, the application is allowed and the entire proceeding including the order dated 30.8.2007 passed by the Chief Judicial Magistrate, Patna in Shastrinagar P.S. case No.59 of 2007 is hereby set aside. (Anjana Prakash, J) NAFR/Narendra/-

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