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Naresh Kumar and ors. Vs. the State of Bihar and anr.

Naresh Kumar and ors. vs The State of Bihar and anr.

Type Court Judgment Court Patna Decided May 24, 2012
~2 min read
https://sooperkanoon.com/case/974284

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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

Naresh Kumar and ors.

Respondent

The State of Bihar and anr.

Excerpt

in the high court of judicature at patna criminal miscellaneous no.42672 of 2010 ====================================================== naresh kumar & ors. .... .... petitioner/s versus the state of bihar & anr. .... .... opposite party/s ====================================================== appearance : for the petitioner/s : mr. jitendra pd. singh, advocate for the opposite party/s : mr. mukesh kr. singh, a.p.p. ====================================================== coram: honourable mr. justice vikash jain oral order (per: honourable mr. justice vikash jain”24. 01-2012 learned counsel for the petitioners submits that the question whether the lease deed executed by the informant in favour of petitioner no. 1 is a forged one or not is in the nature of civil dispute and no prosecution can be maintained. issue notice to the opposite party no. 2 by ordinary process as also by registered post with a/d to show cause as to why this application be not admitted for hearing or disposal of at the stage of admission itself. requisites for issuance of notices must be filed within one week, failing which this application shall stand rejected without further reference to a bench. in the meantime, further proceeding in connection with malaslami p.s. case no. 136 of 2007 pending in the court of learned judicial magistrate 1st class, patna city shall remain stayed. put up this case soon after service of notice. (vikash jain, j.) devendra/- patna high court cr.misc. no.42672 of 2010 (2) dt.24-01-2012 2/2

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42672 of 2010 ====================================================== Naresh Kumar & Ors. .... .... Petitioner/s Versus The State of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN”

24. 01-2012 Learned counsel for the petitioners submits that the question whether the lease deed executed by the informant in favour of petitioner no. 1 is a forged one or not is in the nature of civil dispute and no prosecution can be maintained. Issue notice to the opposite party no. 2 by ordinary process as also by registered post with A/D to show cause as to why this application be not admitted for hearing or disposal of at the stage of admission itself. Requisites for issuance of notices must be filed within one week, failing which this application shall stand rejected without further reference to a Bench. In the meantime, further proceeding in connection with Malaslami P.S. Case No. 136 of 2007 pending in the court of learned Judicial Magistrate 1st Class, Patna City shall remain stayed. Put up this case soon after service of notice. (Vikash Jain, J.) Devendra/- Patna High Court Cr.Misc. No.42672 of 2010 (2) dt.24-01-2012 2/2

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