Neelabh Sinha And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18597 of 2019 Arising Out of PS. Case No.-266 Year-2013 Thana- SULTANGANJ District- Patna ====================================================== 1.

NEELABH SINHA Late Muneshwar Sharan Sinha Residence of Kali Asthan Lane , At present residing at 15 S.B.I.Officer Flat, G Block, East of Kailash New Dehli-65.

2.

Amitabh Sinha Late Muneshwar Sharan Sinha Residence of Kali Asthan Lane , At present residing at D-10, 4th Floor Presidency, V.I.P. Road, Six Mile, Guwahati-22 ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rajendra Prasad Late Ram Bhajan Mahto Resident of Mohalla- Mahendru ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioners and learned APP for the State. None appears for opposite party no. 2 despite valid service of notice.

This application has been filed for quashing of F.I.R vide Sultanganj P.S. Case No. 266 of 2013 registered for the offences under Sections 420, 406, 467, 468, 465, 232, 504 and 34 of the Indian Penal Code.

It is alleged that petitioners sold the house with land property and executed the sale deed to co-accused Rameshwar Pd. Singh. In the meantime, Rameshwar Pd. Singh sold the said

Patna High Court CR. MISC. No.18597 of 2019(5) dt.22-06-2023 2/2 house with land property to complainant with 13 different persons. It is further alleged that petitioners and co-accused Rameshwar Pd. Singh adopted delaying tendency to execute the sale deed in favour of complainant.

The sale deed has been executed by petitioners in the name of Prakash Gupta on 03.01.2013 and the complainant had filed a complaint before learned Magistrate against the petitioners registered for the offences under Sections 420, 406, 467, 468, 465, 232, 504 and 34 of the Indian Penal Code which was resulted into F.I.R. From reading of F.I.R, no offence is made out against the petitioners as the allegation against them is general and omnibus.

In view of the above, this application is allowed and the F.I.R vide Sultanganj P.S. Case No. 266 of 2013 and all consequential proceedings arising out of aforesaid F.I.R are hereby quashed in the interest of justice.

(Sandeep Kumar, J) Harsh/ U T