Saiyed Taifur Sami @ Syed Taifur Shami @ Taifur Sami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15676 of 2023 Arising Out of PS. Case No.-1558 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Saiyed Taifur Sami @ Syed Taifur Shami @ Taifur Sami Son Of Late Saiyad Sah Md. Ishteyak Alam @ Syed Ishtiyaque Alam R/O MohallaMaulanachak, P.S.- Mojahidpur, Distt.- Bhagalpur 2.

Saiyad Makhmur Jami @ Syed Makhmoor Jami Son Of Late Saiyad Sah Md. Ishteyak Alam @ Syed Ishtiyaque Alam R/O Mohalla- Maulanachak, P.S.- Mojahidpur, Distt.- Bhagalpur 3.

Saiyad Masrur Raji @ Syed Masroor Razi Son Of Late Saiyad Sah Md. Ishteyak Alam @ Syed Ishtiyaque Alam R/O Mohalla- Maulanachak, P.S.- Mojahidpur, Distt.- Bhagalpur 4.

Saiyad Mamur Gazli @ Syed Mamoor Ghazli Son Of Late Saiyad Sah Md. Ishteyak Alam @ Syed Ishtiyaque Alam R/O Mohalla- Maulanachak, P.S.- Mojahidpur, Distt.- Bhagalpur 5.

Saiyad Gayur Sanai @ Syed Ghayoor Sanai Son Of Late Saiyad Sah Md. Ishteyak Alam @ Syed Ishtiyaque Alam R/O Mohalla- Maulanachak, P.S.- Mojahidpur, Distt.- Bhagalpur 6.

Saiyad Sahnur Ataie @ Syed Sahnoor Ataie Son Of Late Saiyad Sah Md. Ishteyak Alam @ Syed Ishtiyaque Alam R/O Mohalla- Maulanachak, P.S.- Mojahidpur, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priya Rajan Das Son Of Late Sitaram Das R/O Vill.- Mukheriya, P.S.- Jagdishpur, Post- Khutaha, Distt.- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prince Kumar Mishra, Advocate For the State :

Mr. Md. Fahimuddin, APP for the O.P. No. 2 :

Dr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-08-2024 Heard learned counsel for the parties.

2.

The present application has been filed for quashing of the order dated 08.06.2022 by which learned court of Judicial Magistrate, First Class, Bhagalpur has taken

Patna High Court CR. MISC. No.15676 of 2023(5) dt.22-08-2024 2/2 cognizance against the petitioners in connection with Complaint Case No. 1558/2021, registered under Sections 466, 120B of the Indian Penal Code.

3.

As per the prosecution case, the petitioners along with the other accused persons have cheated the complainant and took Rs. 62 Lakhs under the pretext of providing land for him.

4.

There is a counter case vide Mojahidpur P.S.

Case No. 21 of 2021, pending before the ACJM, 11, Bhagalpur. 5.

Both the parties have agreed that they have settled their dispute and they shall be satisfied if the present case and the Mojahidpur P.S. Case No. 21 of 2021 are quashed. 6.

In the interest of justice, the prayer of the petitioners as well as opposite party no. 2 is allowed. 7.

The order dated 08.06.2022 by which learned court of Judicial Magistrate, First Class, Bhagalpur has taken cognizance against the petitioners in connection with Complaint Case No. 1558/2021 and the F.I.R. of Mojahipur P.S. Case No. 21 of 2021 are hereby quashed with respect to the petitioners. (Sandeep Kumar, J) Ranjeet/- U T