Md.Ashraf and ors Vs. the State of Bihar and anr

Md.Ashraf and ors vs The State of Bihar and anr

Type Court Judgment Court Patna Decided Aug 22, 2013

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Citation: sooperkanoon.com/1028471
Court: Patna High Court
Decided On: Aug 22, 2013
Subject: Contract

Case Summary

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

Contract

Key legal issue: Contract

Parties & Advocates

Appellant / Petitioner

Md.Ashraf and ors

Respondent

The State of Bihar and anr

Excerpt

.....ejajul haque, resident of village bhandar, p.s. dhaka, district east champaran .... .... opposite party/s =========================================================== appearance : for the petitioner/s : mr. farooque ahmad khan, advocate md. sufiyan, advocate for the state : mr. r.b.s. pahepuri, a.p.p. for opposite party no.2 : mr. shargeel mahmood hashmi, advocate mr. sanjay sinha, advocate =========================================================== coram: honourable justice smt. anjana prakash oral judgment date:22. 08-2013 the petitioners seek quashing of the entire proceeding including the order of cognizance dated 11.7.2007 passed by the judicial magistrate, motihari in complaint case not c-368 of 2007. it appears that on account of some local problem among the villagers four cases were instituted, three on the side of the present accused i.e. complaint case no.345c of 2007, complaint case no.363c of 2007, complaint case no.369c of 2007, whereas the present complaint was filed by the opposite party no.2 numbered as complaint case no.368 of 2007. in all the four complaints the patna high court cr.misc. no.55006 of 2007 dt.22-08-2013 2 allegations appear to be apparently absurd and deserve to be set aside. in view of such, the entire proceeding including the order dated 11.7.2007 passed by the judicial magistrate, motihari in complaint case not c-368 of 2007 is hereby set aside. the proceedings of complaint case no.345c of 2007, complaint case no.363c of 2007, complaint case no.369c of 2007 pending before the judicial magistrate, motihari are also set aside. application stands allowed. (anjana prakash, j) nafr/narendra/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55006 of 2007 =========================================================== 1. Md. Ashraf son of Ejajul 2. Md. Farooque son of late Hadish 3. Md. Aftab son of Serazul 4. Abdul Moid son of late Sk. Kadir 5. Nazirul son of late Kadir 6. Alauddin son of late Sk. Amir 7. Shamimuddin @ Gilasi son of late Sk. Tufail, all resident of village Bhandar, P.S. Dhaka (Pachapakari O.P.), District East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Firoz Alam son of Sheikh Ejajul Haque, resident of village Bhandar, P.S. Dhaka, District East Champaran .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Farooque Ahmad Khan, Advocate Md. Sufiyan, Advocate For the State : Mr. R.B.S. Pahepuri, A.P.P. For Opposite Party No.2 : Mr. Shargeel Mahmood Hashmi, Advocate Mr. Sanjay Sinha, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

Date:

22. 08-2013 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 11.7.2007 passed by the Judicial Magistrate, Motihari in Complaint case not C-368 of 2007. It appears that on account of some local problem among the villagers four cases were instituted, three on the side of the present accused i.e. Complaint case No.345C of 2007, Complaint case No.363C of 2007, Complaint case No.369C of 2007, whereas the present Complaint was filed by the Opposite Party No.2 numbered as Complaint case No.368 of 2007. In all the four complaints the Patna High Court Cr.Misc. No.55006 of 2007 dt.22-08-2013 2 allegations appear to be apparently absurd and deserve to be set aside. In view of such, the entire proceeding including the order dated 11.7.2007 passed by the Judicial Magistrate, Motihari in Complaint case not C-368 of 2007 is hereby set aside. The proceedings of Complaint case No.345C of 2007, Complaint case No.363C of 2007, Complaint case No.369C of 2007 pending before the Judicial Magistrate, Motihari are also set aside. Application stands allowed. (Anjana Prakash, J) NAFR/Narendra/-

Same Court & Year Patna · 2013 Same Parties Md.Ashraf and ors vs The State of Bihar and anr Same Subject Contract