Patna High CourtCR. MISC./29655/2008allowed

Rakesh Kumar Verma v. State Of Bihar And ANR

2015-05-12Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 29655 of 2008 Arising out of P.S.Case No. -201 Year- 2006 Thana - Complaint Case District- KATIHAR ======================================================== Rakesh Kumar Verma, Son of Niranjan Prasad, Resident of MohallaVidyanagar, Teja Tola, Katihar, P.S.-Katihar, District-Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mala Devi, Wife of Rajendra Harijan, Resident of MohallaLarkania Tola, Katihar, P.S.-Katihar, District-Katihar. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kr. Singh, Adv.

For the Opposite Party/s : Mr. Rajesh Kumar, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-05-2015 No one appears on behalf of the Opposite Party No. 2 on second consecutive date.

The Petitioner seeks quashing of the order of cognizance dated 28.04.2008 passed by the Judicial Magistrate, 1st Class, Katihar in Complaint Case No. CA 201 of 2006.

The case of the Complainant is that on 12.08.2004 one Abhay Kumar Jha came to her house with a proposal of sale of a certain plot of land. She and her husband both settled the transaction and paid a certain amount of money. However, after the land was registered co-accused Abhay Kumar Jha said that he would give the sale-deed only after money was deposited

Patna High Court Cr.Misc. No.29655 of 2008 dt.12-05-2015 in the Bank and left the Office of the Registrar. However, he did not do so nor did he refund the advance money. The submission of the Petitioner is that even accepting the entire allegations no offence is made out against him since he was merely a witness to the sale deed.

Having considered the aforesaid circumstance, the proceeding including the order of cognizance dated 28.04.2008 passed by the Judicial Magistrate, 1st Class, Katihar in Complaint Case No. CA 201 of 2006 is, hereby, set aside so far as the Petitioner is concerned. The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T