Kunal Kumar Patel @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14607 of 2023 Arising Out of PS. Case No.-1904 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Kunal Kumar Patel @ Kunal Kumar Son Of Arun Kumar Ray R/O Chhatauni Bazar, Ward No.18, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sefatun Nesha Wife Of Ishak Mansoori R/O Village- Parsa, P.S.- Pakridayal, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar No.1 For the Opposite Party/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-03-2023 Heard learned counsel for the parties.

The complainant purchased the property in question on 19.11.2018 from one Rudal Singh, the petitioner had purchased the same land from Shiv Sah. It has been submitted by learned counsel for the petitioner that because of land dispute this false and fabricated criminal case is filed. Every case which has background of land dispute is not false. The truthfulness of the case only be tested in a trial. If the complainant had purchased the land before the petitioner, the petitioner cannot take advantage of the fact that since they had purchased the land from some one and they cannot label the same as land dispute. In this background, this application for quashing the complaint

Patna High Court CR. MISC. No.14607 of 2023(2) dt.16-03-2023 2/2 and the cognizance order dated 16.09.2022 on the ground that it involves a land dispute, is dismissed.

(Sandeep Kumar, J) Ranjeet/- U T