Surendra Singh v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23039 of 2010 Arising out of P.S. Case No. -33 Year- 2008 Thana -Nasriganj District- SASARAM (ROHTAS) ======================================================== Surendra Singh S/o Late Ram Singhasan Singh Resident of Village - Shankarpur, P.S. - Nasriganj, District - Rohtas. .... .... Petitioner/s

Versus

The State of Bihar & Anr.

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

For the Petitioner/s : Mr. Ramanuj Tiwary, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-01-2016 The Petitioner seeks quashing of the order of cognizance dated 23.03.2010 passed by the Judicial Magistrate, 1st Class, Bikramganj, Rohtas in Nasriganj P.S. Case No. 33 of 2008.

The case of the Informant is that the property which was left by his father was unfairly misappropriated by the Petitioner.

It has been submitted that if at all the Informant is aggrieved for redressal of his grievance would be the proper forum the Civil Court which he has already approached. The Counsel for the Complainant does not dispute this fact.

Having considered that the allegations are essentially civil in nature, the entire proceeding including the

Patna High Court Cr.Misc. No.23039 of 2010 dt.22-01-2016 order of cognizance dated 23.03.2010 passed by the Judicial Magistrate, 1st Class, Bikramganj, Rohtas in Nasriganj P.S. Case No. 33 of 2008 is, hereby, set aside without prejudice to the right of the parties.

The Application stands allowed.

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