Patna High CourtCR. MISC./4259/2013dismissed

Shiv Komal Singh And ANR. v. The State Of Bihar And ORS

2015-05-04Mr. Justice Dharnidhar Jha2 pages

Patna High Court Cr.Misc. No.4259 of 2013 (9) dt.04-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4259 of 2013 Arising Out of PS.Case No. -240 Year- 2007 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================

1. Shiv Komal Singh.

2. Om Prakash Singh.

Both sons of Late Rameshwar Singh, Residents of Village Chatar, P.O. Babhangawan, P.S. Barahara, District Bhojpur. .... .... Petitioners

Versus

1. The State of Bihar.

2. Prabhansh Singh, Son of Late Ram Bhajan Singh.

3. Ashok Kumar Singh @ Arun Singh, Son of Late Tej Narayan Singh. Both residents of Village Chatar, P.O. Babhangawan, P.S. Barahara, District Bhojpur.

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

For the Petitioners :

Shri A.B. Ojha, Senior Advocate Shri Bharat Bhushan, Advocate For the State :

Shri Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 04-05-2015 Heard Shri A.B. Ojha the learned senior counsel appearing on behalf of the petitioners and considering that the title suit was in fact a probate case which on account of being contested as regards the genuineness and other grounds of the deed of Will being executed was converted into a title suit. The Court wants simply to point out that in an ordinary title suit wherein the question of title or possession is being agitated could very well vary from such a title suit which is to be tried on converting a probate petition into such a suit. The Court refers to Ram Sumer Puri Mahant Vs. State of U.P. And Others reported in (1985) 1 SCC 427 wherein it has been clearly

Patna High Court Cr.Misc. No.4259 of 2013 (9) dt.04-05-2015 held by the Supreme Court that proceedings under Section 145 Cr.P.C. could not be allowed to continue if the competent civil court is already ceased with the issues of title and possession which court has the ultimate jurisdiction to agitate the matter. That not being the case herein, the petition lacks merit and the same is dismissed.

If any stay was granted, the same shall be vacated. (Dharnidhar Jha, J.) Sanjay/- U T