Ram Chandra Jha @ Babur Jha And ORS. v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6119 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- DARBHANGA ===========================================================
1. Ram Chandra Jha @ Babur Jha son of Late Ugra Naryan Jha
2. Arvind Kumar Jha son of Ram Chandra Jha
3. Amlesh Kumar Jha son of Ram Chandra Jha, resident of Korthu, PSGhanshyampur, District-Darbhanga. .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Mahendra Jha sonof Bhoga Jha, resident of village-Korthu, PS-Ghanshyampur, District-Darbhanga.
.... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mrs. Babita Kumari, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 09-05-2016 No one appears on behalf of the Opposite Party No.2. The Petitioners seek quashing of the order of cognizance dated 6.12.2010 passed by the Judicial Magistrate, 1st class, Biraul at Benipur in Complaint case No.332 of 2009.
The case of the Complainant is that the accused persons attempted to get his property sold and when he refused he was assaulted. They also compelled him to withdraw the earlier cases and threatened him on the point of pistol to sign on blank papers. It has been submitted on behalf of the Petitioners that even if the Petitioners had forced the Complainant to sign on blank
Patna High Court Cr.Misc. No.6119 of 2011 dt.09-05-2016 2/2 papers they were not converted into valuable documents and in fact it is because of land dispute that the present Complaint has been filed with mala fide allegations.
Having considered the aforesaid, the application is allowed and the proceeding including the order of cognizance dated 6.12.2010 passed by the Judicial Magistrate, 1st class, Biraul at Benipur in Complaint case No.332 of 2009 is hereby set aside. (Anjana Prakash, J) Narendra/- AFR/NAFR NAFR CAV DATE Uploading Date 12.05.2016 Transmission Date 12.05.2016