Pradeep Chandra Saraf And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46570 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Pradeep Chandra Saraf, son of late Ram Chandra Saraf,

2. Sandeep Saraf, son of Pradeep Chandra Saraf Both R/O Mohalla-Govind Mitra Road, Saraf Bhawan, P.S.-Pirbahore, Distt-Patna800004 .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kakshmi Kant Sharma, Adv. For the State : Mr. Parmanand Pd., A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-05-2016 Heard learned counsel for the Petitioners and the State. The Petitioners seek quashing of the order of cognizance dated 27.8.2013 passed by the Judicial Magistrate, 1st Class, Patna, in Pirbahore P.S. Case No. 241 of 2013. The case of the Informant is that he has taken a shop on rent from the Petitioners who were the landlords situated at Govind Mitra Road, Patna.

It has been submitted on behalf of the Petitionrs that in fact, a dispute between the landlord and tenant has been converted to a Criminal Proceeding even though, it was the Informant himself who was a defaulter.

Patna High Court Cr.Misc. No.46570 of 2013 dt.12-05-2016 2/2 The case diary has been looked into by the A.P.P. who submits that there is material to suggest that the Informant was the defaulter.

Having considered the aforesaid, the application is allowed and the order of cognizance dated 27.8.2013 passed by the Judicial Magistrate, 1st Class, Patna, in Pirbahore P.S. Case No. 241 of 2013, is hereby, set aside.

(Anjana Prakash, J) S.Ali/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05/2016 Transmission Date 05/2016