Ashok Kumar Keshri v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.50573 of 2012 dt.07-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50573 of 2012 Arising Out of PS.Case No. -null Year- null Thana -null District- - ===========================================================

1. Ashok Kumar Keshri Son Of Late Sheolal Keshri Resident Of Mohalla- Purani Godaun, Dhamintola, P.S. Kotwali, District- Gaya .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Rajendra Prasad Son Of Late Kanhai Ram Resident Of Mohalla- Purani Godaun, Dhamintola, P.S. Kotwali, District- Gaya .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Dhirendra Nath Jha, APP. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 07-09-2015 The Petitioner seeks quashing of the order dated 22.08.2012 passed by Judicial Magistrate Ist Class, Gaya in Complaint Case No.2144 of 2009.

The case of the Complainant is that on the date of occurrence the accused persons variously armed came to his door and started to abuse the complainant and committed theft of his personal property and also assaulted him.

It has been submitted on behalf of the Petitioner that there was land dispute between the parties on account of which the Petitioner also filed Kotwali P.S.Case No.112 of 2008 and Kotwali P.S.Case No.127 of 2008 and also Kotwali P.S.Case No.06 of 2009

Patna High Court Cr.Misc. No.50573 of 2012 dt.07-09-2015 under similar offences.

In view of background facts of litigations and the nature of allegations in the present complaint, the application is allowed by setting aside the order dated 22.08.2012 passed by Judicial Magistrate Ist Class, Gaya in Complaint Case No.2144 of 2009. (Anjana Prakash, J) B.Kr./- U T