Baxi Brij Nandan Prasad @ Brijnandan Prasad @ Sohan Lal @ Brij Nandan Lal v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.13965 of 2013 (8) dt.18-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13965 of 2013 Arising Out of PS.Case No. -357 Year- 2011 Thana -ARA NAWADA District- BHOJPUR ======================================================
1. Baxi Brij Nandan Prasad @ Brijnandan Prasad @ Sohan Lal @ Brij Nandan Lal S/O Late Shambhu Nath Prasad Resident Of Village- Murar, Police Station- Murar, District- Buxar .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Geeta Devi W/O Shyamjee Prasad Resident Of Village- Murar, Police Station- Murar, Distt.- Buxar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Sharma, Adv. For the Informant : Mr. Atul Chandra, Adv. For the State : Mr. Anuj Kumar Srivastava(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 18-04-2016 The petitioner seeks quashing of the order dated 03.11.2012 passed by the Chief Judicial Magistrate, Ara (Bhojpur) in Ara Nawada P.S. Case No. 357 of 2011, G.R. No. 2581 of 2012 Tr. No. 2689 of 2012.
I find that both the parties are close relatives and two minor cases on behalf of each of them have been filed even while they are before a civil Court to sort out their differences. Considering the nature of allegations of both the cases, in the interest of justice, further proceedings including the order dated 03.11.2012 passed by the Chief Judicial Magistrate, Ara (Bhojpur) in Ara Nawada P.S. Case No. 357 of 2011, G.R. No.
Patna High Court Cr.Misc. No.13965 of 2013 (8) dt.18-04-2016 2581 of 2012, Tr. No. 2689 of 2012 is hereby set aside. Also the proceedings of Complaint Case No. 788C of 2011 pending before the Chief Judicial Magistrate, Buxar is hereby set aside.
The application stands allowed.
Both the parties are directed to restrain their activities and not take law in their hands till such time the matter is decided in the civil suit.
(Anjana Prakash, J) Prakash/- U T