Umesh Prasad Mehata v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28664 of 2012 Arising out of P.S. Case No. -334 Year- 2010 Thana - Andhratharhi District- MADHEPURA ======================================================== Umesh Prasad Mehata S/o Late Badri Prasad Mehta Residence of Village Andhratharhi Tola Polar, P.S. Andharatharhi, District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pawan Kumar Mehta S/o Shushil Kumar Mehta Residence of Village Andhratharhi Tola Polar, P.S. Andharatharhi, District Madhubani.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Ram Narayan Mahto, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 05-01-2016 The Petitioner seeks quashing of the order of cognizance dated 29.02.2012 passed by the Judicial Magistrate, Jhanjharpur, Madhubani in Andhratharhi P.S. Case No. 06 of 2008 (C.R. No. 334 of 2010, Tr. No. 1728 of 2012).

The case of the Informant/Complainant is that the Petitioner single handedly cut away crops of about four quintals and stole the same.

It has been submitted that after due investigation final report was submitted and it appears that the case was instituted for reasons of land dispute on account of which a Bataidari Case No. 71 of 80/81 is pending before the SDO Jhanjharpur.

Patna High Court Cr.Misc. No.28664 of 2012 dt.05-01-2016 On the other hand, Counsel for the Complainant submits that since the Petitioner committed theft of crops he should be put on trial.

Having considered the background facts, I would be inclined to hold that the protest-cum-complaint case is nothing but an abuse of the process of the Court deserves to be set aside.

Hence, the entire proceeding including the order of cognizance dated 29.02.2012 passed by the Judicial Magistrate, Jhanjharpur, Madhubani in Andhratharhi P.S. Case No. 06 of 2008 (C.R. No. 334 of 2010, Tr. No. 1728 of 2012) is, hereby, set aside without prejudice to the right of the parties.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T