Muneshwar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9008 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== 1.

MUNESHWAR MUKHIYA Son of Sukhdeo Mukhiya R/v- Prahi (Korthu), P.S.- Ghanshyampur, District- Darbhanga 2.

KRISHN KUMAR SAHNI Son of Late Laxman Sahni R/v- Naiuri, Tole Dath, P.S.- Biraul, District- Darbhanga 3.

ABHISHEK SAHNI @ AVINASH KUMAR Son of Late Laxman Sahni R/v- Naiuri, Tole Dath, P.S.- Biraul, District- Darbhanga 4.

RANGI SAHNI Son of Jhari Sahni R/v- Naiuri, Tole Dath, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

DINESH MUKHIYA Son of Late Prau Mukhiya R/v- Jagai, Tole- Dath, (Navtoliya), P.S.- Ghanshyampur, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Ram Bilash Roy Raman APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-04-2023 This application has been filed for quashing the order dated 05.08.2022 passed by learned CJM-1st Class, Biraul, Darbhanga in Complaint Case No.32/2022 by which learned Court below has taken cognizance under Sections 323, 341 and 504 of the I.P.C. against the petitioners. The prosecution story in short is that land in question mentioned in the complaint petition has been purchased by the father of the complainant on which house of the complainant and his brother is situated. On the day of incident, Krishna

Patna High Court CR. MISC. No.9008 of 2023(2) dt.29-04-2023 2/2 Kumar Sahni and Abhishek Sahni came to the house of the complainant and threatened to remove house from there. After that complainant said that this land is in the share of his elder brother and him. The complainant inquired from his younger brother who told him that he had not sold any land to Krishna Kumar Sahni. On 26.07.2021 complainant came to know that krishna Kumar Sahni got a sale deed of 6 dhur from his younger brother. In this registered sale deed, accused no. 2 and accused no. 3 have become witness and identifier.

From reading the materials available on record, no ground for interference is made out.

Accordingly, this application is dismissed.

Shishir/- (Sandeep Kumar, J) U T