Patna High CourtCR. MISC./13597/2009allowed

Lakshman Sah And ANR v. State Of Bihar And ANR

2015-07-31Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13597 of 2009 Arising Out of PS.Case No. -0 Year- null Thana -null District- BHOJPUR =========================================================== 1.

Lakshman Sah, son of Jagannath Sah, resident of Uma Nagar Chandwa, P.S.- Ara Nawada, District-Bhojpur, & 2.

Ramjee Sah, son of late Triloki Sah, resident of Bagawan, P.S.-Agiaon, District- Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar &

2. Pramjeet Kumar @ Ranjeet Sah, son of Mukhlal Sah, resident of Sakin Sohni, P.S.-Piro, District- Bhojpur.

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

For the Petitioner/s : Mr. A. B. Ojha, Sr. Advocate with Mr. Bharat Bhushan, Advocate Mr. Sriniwash Jha, Advocate For the Opposite Party/s : Mr. R. B. Roy Raman, APP Mr. M. Pridarshi.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-07-2015 The Petitioners seek quashing of the order of cognizance dated 04.09.2000 passed by the Judicial Magistrate, Ara, in Complaint Case No.845-C of 2000.

The case of the Complainant is that one Uma Shankar Prasad died in a truck accident about 13 years ago in which `35,000/- was awarded as compensation. It was to be deposited in the name of the Complainant till such time he attains the age of majority. When he went to Allahabad Bank on gaining majority, he learnt that his father and the present Petitioner had withdrawn the amount from the Bank and hence, the present Complaint.

Patna High Court Cr.Misc. No.13597 of 2009 dt.31-07-2015 2/2 Considering that the dispute is between the father and the son, I see no reason why the Petitioners/accused persons should be put on trial.

Hence, order of cognizance dated 04.09.2000 passed by the Judicial Magistrate, Ara, in Complaint Case No.845-C of 2000, is hereby set aside against all the accused persons. The application stands allowed.

(Anjana Prakash, J) JA/- U T