Patna High CourtCR. MISC./42921/2018allowed

Upendra Prasad v. State Of Bihar And ANR

2023-08-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42921 of 2018 Arising Out of PS. Case No.-309 Year-2016 Thana- BIHIA District- Bhojpur ====================================================== Upendra Prasad S/o Late Deoha Thakur, R/o Vill. and Post - Umraoganj, P.S.- Bihiya, District- Bhojpur Ara.

... ... Petitioner/s

Versus

State Of Bihar 2.

Ravindra Prasad Singh S/o Late Chandrama Singh, R/o Vill.- Karja, PostOmaraoganj, P.S.- Bihiya Bahoranpur O.P., District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Nikesh For the Opposite Party/s :

Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. This application has been filed on behalf of the petitioner for quashing the order dated 07.06.2017 passed by learned ACJM-V, Ara at Bhojpur in Tr. No. 1733 of 2017 arising out of Bihiya (Bahoranpur O.P.) P.S. Case No. 309 of 2016.

3. The prosecution case in short is that the petitioner has taken a loan of Rs. Ten lakhs from the informant and when the informant asked the petitioner to return the said amount then the petitioner has threatened the informant that he will file a case against him.

Patna High Court CR. MISC. No.42921 of 2018(3) dt.17-08-2023 2/2

4. From reading of the FIR, it appears that it is purely a civil dispute which has been given a colour of criminal offence and no case is made out against the petitioner and it also appears that the learned Magistrate has not applied his mind before taking cognizance.

5. In these circumstances, this application is allowed.

6. Accordingly, the order dated 07.06.2017 passed by learned ACJM-V, Ara at Bhojpur in Tr. No. 1733 of 2017 arising out of Bihiya (Bahoranpur O.P.) P.S. Case No. 309 of 2016 as well as the prosecution of the petitioner in connection with the aforesaid case is hereby quashed.

(Sandeep Kumar, J) Vikas/- U T