Devendra Prasad Sinha and ors Vs. the State of Bihar and anr

Devendra Prasad Sinha and ors vs The State of Bihar and anr

Type Court Judgment Court Patna Decided Sep 10, 2013

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Citation: sooperkanoon.com/1028499
Court: Patna High Court
Decided On: Sep 10, 2013
Subject: Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Devendra Prasad Sinha and ors

Respondent

The State of Bihar and anr

Excerpt

.....in the present application.3. the petitioners seek quashing of the entire proceeding including the order of cognizance dated 10.12.2007 passed in complaint case no. 536 of 2006 passed by the sub divisional judicial magistrate, nawadah.4. the case of the complainant is that he had negotiated the marriage of his daughter with the petitioner no. 3 for patna high court cr.misc. no.1668 of 2008 dt.10-09-2013 2/2 which reason, he paid a certain amount of money to the father of petitioner no.3. later on, the bride groom parties refused to perform marriage with the petitioner no. 3.5. the submission of the petitioners is that after due investigation, final report was submitted in the matter and the case was found completely false. it is only on the basis of interested witnesses during enquiry under section 202 cr. p.c. on the protest- cum-complaint petition that the impugned order has been passed.6. considering the circumstances of the case i have no hesitation in holding that continuance of the present proceeding will be a gross abuse of the process of the court and deserves to be set aside.7. in view of such, the application is allowed and the entire proceeding including the order of cognizance dated 10.12.2007 passed by the sub divisional judicial magistrate, nawadah, in connection with complaint case no. 536 of 2006 is, hereby, quashed. (anjana prakash, j.) patna high court, patna. dated, the 10th september, 2013 nafr/s.ali

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1668 of 2008 ================================================== 1. Devendra Prasad Sinha, son of Sri Nathun Prasad Sinha 2. Niranjan Kumar, son of Sri Devendra Prasad Sinha 3. Abhiranjan Kumar, son of Sri Devendra Prasad Sinha All are residence of village Parari, P.S. Chandi, P.O. Satnag, Distt. Nalanda. At present Mohalla Bari Pahari, “Magadh Colony”, P.S. + P.O. Sohsarai, Dist. Nalanda (Near Sales Tax Office).

4. Arjun Prasad, son of late Shiv Sahay Mahto, village Dadpur, P.O. Fatehpur More, P.S. Akbarpur, Distt. Nawadah.

5. Arjun Prasad, son of late Ram Charan Mahto, village Dadpur, P.O. Fatehpur More, P.S. Akbarpur, Distt. Nawadah. .... .... Petitioner/s Versus 1. The State of Bihar 2. Arjun Prasad Nirala @ Arjun Kurmi, son of late Jagdeo Prasad, Village Ravio, P.S. Sirdalla, Distt. Nawadah. … . .. Opposite Party/s Appearance : For the Petitioner/s : Mr. P.N. Shahi, Senior Adv. Mr. Manish Sahay, Adv. For the State : Mr. R.B. Roy „Raman‟, A.P.P. CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

(Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) Dated :

10. 09-2013 Anjana Prakash, J.

: No one appears on behalf of the Opposite Party No.

2. 2. Supplementary affidavit has been filed on behalf of the Petitioners submitting therein that there is no progress in Trial on account of the stay operating in the present application.

3. The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 10.12.2007 passed in Complaint Case No. 536 of 2006 passed by the Sub Divisional Judicial Magistrate, Nawadah.

4. The case of the Complainant is that he had negotiated the marriage of his daughter with the Petitioner No. 3 for Patna High Court Cr.Misc. No.1668 of 2008 dt.10-09-2013 2/2 which reason, he paid a certain amount of money to the father of Petitioner No.

3. Later on, the bride groom parties refused to perform marriage with the Petitioner No. 3.

5. The submission of the Petitioners is that after due investigation, Final Report was submitted in the matter and the case was found completely false. It is only on the basis of interested witnesses during enquiry under Section 202 Cr. P.C. on the protest- cum-complaint petition that the impugned order has been passed.

6. Considering the circumstances of the case I have no hesitation in holding that continuance of the present proceeding will be a gross abuse of the process of the Court and deserves to be set aside.

7. In view of such, the application is allowed and the entire proceeding including the order of cognizance dated 10.12.2007 passed by the Sub Divisional Judicial Magistrate, Nawadah, in connection with Complaint Case No. 536 of 2006 is, hereby, quashed. (Anjana Prakash, J.) Patna High Court, Patna. Dated, the 10th September, 2013 NAFR/S.Ali

Same Court & Year Patna · 2013 Same Parties Devendra Prasad Sinha and ors vs The State of Bihar and anr Same Subject Land Acquisition