Markandey Tiwary And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25484 of 2015 Arising Out of PS. Case No.-955 Year-2012 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

Markandey Tiwary and Ors S/o Sri Sudarshan Tiwary, 2.

Ram Ekbal Tiwary, S/o Late Baliram Tiwary Both are residents of Atarvalia, P.O.- Kathej, P.S.- Mohania, District- Kaimur. 3.

Kamlakant Chaturvedi, S/o Late Devsharan Chaubey 4.

Devendra Nath Pandey 5.

Harendra Kumar PAndey Both sons of Late Lalita Pandey, residents of village- Gheghian, P.O.- Kauriram, P.S.- Mohania, District- Kaimur. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Laxmikant Tiwary, S/o Late Ramji Tiwary, resdient of village- Atarvalia, P.S.- Mohania, District- Kaimur at present village- Paspipra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-03-2023 On 15.2.2023, no one appeared on call and the following order was passed:

" No one appears on call.

The petitioner has moved this Court for quashing of the order dated 18.06.2013 passed by learned Chief Judicial Magistrate, Bhabhua, Kaimur in Complaint Case No. 955 of 2012 under Section 423, 468 and 120B of

Patna High Court CR. MISC. No.25484 of 2015(3) dt.02-03-2023 2/3 the IPC As per the prosecution story, the ancestral land was partitioned but the accused persons with dishonest intention and to the loss of co-sharer got a sale deed executed in favour of Kamlakant Chaturvedi on 13.02.2012 in respect of Plot No. 398 measuring 23 decimals and other sale deed in respect of plot no. 186, Area 21 decimals. However, when the accused persons tried to get the land mutated the same was rejected on the finding that the sale deed is prima facie wrong. Accordingly the complaint.

As stated above, on call, no one has appeared.

As a last chance, list this case after two weeks.

Today also on call, no one has appeared.

The petition is dismissed for non-prosecution with liberty to the petitioners to raise all the points at an appropriate

Patna High Court CR. MISC. No.25484 of 2015(3) dt.02-03-2023 3/3 stage before the trial court.

(Rajiv Roy, J) Ravi/- U T