Shukla Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25531 of 2014 Arising Out of Gopalganj Town PS.Case No. -294 Year- 2012 Thana -GOPALGANJ CITY DistrictGOPALGANJ =========================================================== Shukla Singh, wife of Brajendra Singh @ Vijayendra Singh Resident of Ward No. 26, North side of the field of V.M. School, Mahendra Nagar, P.S. Gopalganj, District - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dinesh Chandra Rai Son of Late Ram Nath Rai Resident of Village -Sher, P.S.- Sidhwaliya, District - Gopalganj .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh, Adv. For the State : Mr. Mayanand Jha, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 13-08-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 9.1.2014 passed by the Chief Judicial Magistrate, Gopalganj, in Gopalganj Town P.S. Case No. 294 of 2012, Trial No. 3487 of 2014.

The case of the Informant in short is that the Petitioner purchased some piece of land which has been purchased by him and, hence, the present case.

It has been submitted that since the Petitioner was a subsequent buyer, no Criminal offence would be made out at best grievance was sustained only with the person who had sold the same

Patna High Court Cr.Misc. No.25531 of 2014 dt.13-08-2015 2/2 land.

Considering such submission, the application stands allowed and the Proceedings including the order of cognizance dated 9.1.2014 passed by the Chief Judicial Magistrate, Gopalganj, in Gopalganj Town P.S. Case No. 294 of 2012, Trial No. 3487 of 2014, so far as the Petitioners are concerned, is hereby set aside. (Anjana Prakash, J) S.Ali/- U T