Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.435 of 2015 ======================================================

1. Shankar Prasad son of Late Ghurhu Sah, Resident of villageBhagwanpur, P.S. Chainpur, District Kaimur (Bhabua). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Agrawal For the Respondent/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2018 The order dated 22.01.2015, whereby cognizance had been taken against the opposite parties only under Sections 417, 323 and 504/34 of the Indian Penal Code and not under Sections 420, 467 and 468 of the Indian Penal Code as desired by the petitioner, has been challenged.

The allegation in sum and substances is that the petitioner had paid money to opposite parties for vending a plot of land and Rs. 80,000/- was also paid by him. Later, on finding that the ownership as well as the possession of the land in question was under doubt, the petitioner wanted his money to be returned. An arrangement was made by the opposite parties to hand over a motorcycle to the petitioner, which was purchased from the money advanced by the petitioner. The motorcycle admittedly has been given to the petitioner. The dispute arose on account of the

Patna High Court CR. REV. No.435 of 2015 (2) dt.29-01-2018 2/2 opposite parties not paying the balance amount of Rs. 20,000/- to the petitioner.

From the facts, it appears that no offence under Sections 420, 467 and 468 of the Indian Penal Code is made out. The court below has rightly taken cognizance under Sections 417, 323 and 504 of the Indian Penal Code.

As such, the present revision petition is dismissed as being devoid of merit.

(Ashutosh Kumar, J.) Rakhi U T