Manoj Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.621 of 2017 Arising Out of PS. Case No.-143 Year-2016 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Manoj Kumar Jha Son of Late Anant Narayan Jha, Resident of VillageAntaur, Police Station- Bahera, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Sr. Adv.
:
Mr. Imtiyaz Ahmad, Adv.
:
Mrs. Vaishnavi Singh, Adv.
For the Respondent/s :
Mr. Lalan Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 23-03-2023 Heard learned counsel for petitioner and learned counsel for the State.
The present Cr. Revision Application has been filed against the order dated 03.05.2017 passed by Sub Divisional Judicial Magistrate, Benipur (Darbhanga) in Miscellaneous Case No. 59 of 2016 arising out of Complaint Case No. 143 of 2016 by which he has dismissed the complaint filed on behalf of petitioner.
Learned counsel for the petitioner submits that in the complaint case there is a direct allegation against the accused persons that complainant has given Rs.37,800/- for measurement of the land which was subject to acquisition at 2% compensation amount, about which the accused person has submitted that receipt shall be provided. On his assurance money was handed over but upon demand of receipt they abuses and scuffling took
Patna High Court CR. REV. No.621 of 2017 dt.23-03-2023 2/2 place, with this allegation F.I.R. has been lodged. Learned counsel for the petitioner submits that there are two inquiry witness in this complaint, the first inquiry witness has supported the case one day after the date of occurrence and the second inquiry witness supported that the money was handed over to the accused person by the complainant.
Learned counsel for the State submits that a reasoned order was passed by the Court of S.D.J.M. and found this case to be untrue and dismissed the complaint. Upon going through the records of the case, it transpires that in the court question the allegation of complaint petition and I.W. are in contradiction from the order passed by the S.D.J.M., it transpires to me that neither any illegality nor any question of correctness and propriety are there. In this view of the matter, the present Cr. Revision Application stands dismissed.
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