Hemant Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1001 of 2019 Arising Out of PS. Case No.-461 Year-2017 ThanaBEGUSARAI MUFFASIL District- Begusarai ===================================== Hemant Kumar Son of Late Thakur Prasad Singh resident of village Pachamba, P.S-Begusarai Muffasil, District Begusarai.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

Ramanand Singh S/o Late Ganpat Singh resident of village Pachamba, P.S-Begusarai Muffasil, District Begusarai.

... ... Opposite Parties ===================================== Appearance :

For the Petitioner: Mr.Pramod Kumar Pandey, Advocate For the State : Mr.Ram Priya Sharan Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-11-2019 Heard Mr. Pramod Kumar Pandey, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks quashing of the first information report bearing registration no. Begusarai Muffasil (Singhaul) P.S. Case No. 461 of 2017.

Patna High Court CR. MISC. No.1001 of 2019(2) dt.18-11-2019 2/3 The allegation in the FIR is of threatening the informant and demanding ransom money from him. Mr. Pandey, learned Advocate for the petitioner, submits that the land belonging to the petitioner has been fraudulently purchased by the informant showing the particulars of the same property as the vendor of the property. The petitioner has filed a title suit bearing Title (Partition) Suit No. 533 of 2013 in which status-quo has been granted by the competent court. He therefore submits that a case with civil orientation has been converted into a criminal case for the purposes of threatening the petitioner to abandon his claim over the property which belongs to him.

This is the defence of the petitioner, the truth of which can be ascertained in the investigation of the case. It is will be open to the petitioner to point out to the investigating agency that the property belongs to the petitioner and that a Title Suit is pending adjudication with respect to the same plot of land which has been

Patna High Court CR. MISC. No.1001 of 2019(2) dt.18-11-2019 3/3 allegedly purchased by the informant.

It is expected that the police would look into the entire aspect of the matter and shall submit a report without any delay.

At this stage, this Court is not inclined to quash the first information report.

The petition is disposed of with the aforesaid direction.

(Ashutosh Kumar, J) BT/- U T