Rakesh Ranjan and ors. Vs. the State of Bihar and anr. - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.30338 of 2011 rakesh ranjan & ors. versus the state of bihar & anr. ---------------------------------- 2. 13.1.2012 heard learned counsel for the petitioners and learned counsel for the state. this matter relates to a civil dispute. the complainant has filed the present case stating therein that petitioner no.1 had taken an amount of rs.1,000/- for the purpose of his land on lease. later on he has paid rs.15,000/- to petitioner no.1 for executing an agreement for sale but he has not honoured his agreement. it has been further stated in the complaint petition that it was agreed to sale the land on rs. 2,62,500/-. thereafter one ragini ranjan filed a case before the lok adalat and got the land partitioned between themselves in order to frustrate the agreement. it has been further alleged in paragraph 11 of the complaint petition that the complainant has also filed one title suit no.70 of 2003 for specific performance of contract and the same is pending. issue notice to opposite party no.2 under ordinary course as well as registered post with a/d for 2 which requisites etc. must be filed within a period of one week, failing which this application as against him shall stand rejected without further reference to the bench. in the meanwhile, further proceeding in complaint case no. 1377-c of 2007 pending in the court of the sub divisional judicial magistrate, buxar shall remain stayed. vinay/ ( shivaji pandey, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30338 of 2011 Rakesh Ranjan & Ors. Versus The State Of Bihar & Anr. ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioners and learned counsel for the State. This matter relates to a civil dispute. The complainant has filed the present case stating therein that petitioner no.1 had taken an amount of Rs.1,000/- for the purpose of his land on lease. Later on he has paid Rs.15,000/- to petitioner no.1 for executing an agreement for sale but he has not honoured his agreement. It has been further stated in the complaint petition that it was agreed to sale the land on Rs. 2,62,500/-. Thereafter one Ragini Ranjan filed a case before the Lok Adalat and got the land partitioned between themselves in order to frustrate the agreement. It has been further alleged in paragraph 11 of the complaint petition that the complainant has also filed one Title Suit No.70 of 2003 for specific performance of contract and the same is pending. Issue notice to opposite party no.2 under ordinary course as well as registered post with A/D for 2 which requisites etc. must be filed within a period of one week, failing which this application as against him shall stand rejected without further reference to the Bench. In the meanwhile, further proceeding in Complaint Case No. 1377-C of 2007 pending in the Court of the Sub Divisional Judicial Magistrate, Buxar shall remain stayed. Vinay/ ( Shivaji Pandey, J.)